♦^«>, 


.     >  » 


••'      '     4 


Ready  Reference  Manual 


OF  THE 


STATUTE  LAWS 


OF  THE 


STATES  AND  TERRITORIIilS 


IN 


THE  UNITED  STATES 

AND  THE 

PROVINCES  OF  CANADA, 

ALONG  WITH  NATIONAL,  INTERNATIONAL  LAWS,  AND  MISCELLANEOUS  INFORMATION. 


A  I'LAIN,  COMMON  SENSE  SYNOPSIS  OF  LAWS    IN   I)AH.Y  USE 
THAT   EVERY   I'ERSON  WANTS  TO  KNOW. 


"IgNWKANCK    OI'-.Typ    LAW    KXftSKS    NO   ONE. 


COMPlI.!;i)    IIV 

E.     E.     KNOTT, 

Burliiiijtoii,   V(. 

4<*»»^ 

Published     by    the 

International  Publishing  Co., 
Burlinyton,  Vermont. 

1889. 


iu'i<r.i.N(i ION,  \r. 

Tin;  KRi:i':  i'hhss  associatjon. 

iSSy, 


"  No  Stale  shall  make  or  eui'oi'cu  any  law  wliieli  sliall  abi'id;|o  lliu 

j)rivilei(u3    or    lininunilics    of   citizens    of  the   United    Slates; 

luM'  i^hall  any  fltate  deprive  awj  person  of  lilV',  liberti/  or  propertv 

without  due  process  of  law;  noi'  deny  any   peiv.on    within  its 

jurisdieliuu  Ihe  Ofiual  proLccUon  of  Ihe  law'.' 


Entercil  according  to  Act  of  Congress,  in  tlie  vcar  1889,  by  E.  E.  Knott, 
of  liurlingtou,  V't.,  in  the  office  of  tlie  Librarian  of  Congress,  at  Wasliington. 


PREFACE. 

Ill  this  coiupiliition,  wo  have  iviiiu'<l  at  no  greater  suct'css  tliaii 
to  combine  undir  one  tMjvcr,  inforniatiun  that  is  usofiil  to  cvi-ry 
person,  chicHy  in  a  tinaneial  point  of  view,  hut  in  an  instructive 
sense  as  well.  The  accuracy  of  the  contents  lias  been  our  most 
diligent  care  throughout,  ami  although  it  is  not  intended  as  a 
text  book,  or  other  than  for  the  use  of  the  laity,  it  will  be  found  a 
useful  attribute  to  any  lawyer's  library.  The  information  comes 
from  the  best  and  most  reliable  sources  within  each  State  and  Ter- 
ritory and  the  Provinces  of  Canada;  and  is  abridged  and  arranged 
to  give  the  reader  the  knowledge  re(iuire<l,  without  lengthy  research ; 
at  the  same  time  without  being  s(.  condensed  as  to  be  useless  as  a 
guide.  We  have  not  spread  out  our  wings,  to  merely  catalogue  by 
names  a  myriad  of  things,  for  names  sake,  preferring  to  comi)lete  a 
less  castle  and  make  it  furnished  and  homelik(!  to  the  understanding 
of  a  knowledge-seeking  public. 

The  work,  although  not  intended  to  be  an  international  one, 
contains  more  information  of  that  character  than  any  similar  pub- 
lication copyrighted  in  either  country  to-day;  and  many  features 
that  cannot  be  found  in  any  publication,  outside  of  it. 

It  is  our  first  ambition  to  give  value  and  money-saving  merit 
to  it,  consistent  with  the  price;  if  we  have  not  accomplished  that,  we 
deserve  no  better  reward  than  failure  in  our  undertaking. 

Burlington,  Vermont,  April  10,  1889. 

E.  E.  KNOTT, 


INDEX   TO    CHAPTERS. 


CHAITKU    I. 

I'AUIC. 

(JolU'cthin  liUWH  of  tlio  Statt'H  and  Territories  in  tlio  UiiiU'd  StuU's,  uml 
tilt' I'rovlmcs  of  CiiiiiKlii.  Paut  I.  As^<i^nlnents  ami  AtUicliiiiftiUi. 
I'akt  II.  KxL-inptiiins  and  Limitations.  I'akt  III.  (,'oniincrcial 
Pajmr.  I'AKT  IV.  Interurtt,  legal  and  illegal.  I'akt  V.  Arn'.st 
and  IniprLsonnient  for  Civil  Debt 9 

CIIArTKU    II. 

I'AKT  I.  Coniinercial  Travellers'  Lieenws,  where  rei|iiired  in  the  Uni- 
tt'd  States  and  Canada.  I'akt  II.  Tlie  Duties  npon  Foreign  Ini- 
|M>rls  in  I'nited  States  anil  Canada.  I'akt  III.  Fishery  Treaties 
and  the  actions  of  Inith  (iovernn)ents  since  tht!  Treaty  of  I'aris, 
177."i  to  IMH1».     I'AKT  IV.     Neutrality  I^iws  t>f  Nations DO 

CIIAITER    III. 

I'akt  I.  The  Naturali/.ation  Laws  of  the  Uniteil  States  and  tlie  IJoinin- 
ion  of  Canada.  I'AitT  II.  Kxtrac'ts  from  the  I'o.tal  Laws  and  Iteg- 
nlations  of  the  United  States  and  the  Dominion  of  Canada,  along 
with  foreign  postage  rates,  and  what  is  mailahle  and  nnmailal>le 
matter.  I'akt  III.  Copyright  Rules  and  Kegulal ions  of  the  Unit- 
ed State's  and  the  Dominion  of  t'anada.  Patent  Laws  and  Regula- 
tions, how  to  ap]>ly  for  a  patent  in  iMith  United  States  and  Canada. 
I'AKT  IV^  Liiws  and  nde.s  goverinng  Trade  Marks  in  lK>th  United 
States  and  C'anada.  Pakt  V.  Co-Partnership,  general  law.  I'Airr 
VI.  liiindlord  and  Tenant.  Pakt  VII.  Miuster  and  Servant. 
Pakt  VIII.     Extradition  Laws  l)etween  United  States  and  Canada.   123 

CHAPTER    IV. 

Pakt  I.  The  ilarriage  Ijjiws  as  regidated  by  Statute  in  each  State  and 
Territory  of  the  United  States  and  each  Province  of  Canada.  Where 
a  license  is  required  ;  ages  of  capability  to  enter  wedhx'k  with  and 
without  parents'  consent ;  where  marriage  is  purely  a  civil  contract, 
and  where  it  is  civil  and  divine  ;  wliere  living  as  man  :md  wife  con- 
stitute a  lawful  marriage.  Part  II.  Married  Woman's  sei)arate 
riglits,  respecting  the  ownership  of  jirojM'rty  ;  their  liability  re- 
specting their  husband's  debts  ;  Debts  Ante-nuptial  anil  otherwise 
that  are  a.ssumed  by  either.  Pakt  III.  The  Ljiws  of  Divorce  ;  the 
causes  for  which  Decrees  can  Im  had;  the  time  within  which  action 
nuist  l»e  conunenced  ;  the  relation  which  a  Decree  in  one  State  Ix'ars 
to  that  granted  in  another  State  ;  the  effect  of  divorce  in  regard  to 
property.  Pakt  IV.  Woman's  Suffrage  in  the  Unit»'d  Stjites  and 
in  Canada,  and  elsewhere  in  the  world  ;  where  they  can  vote  on  an 
eijual  with  men  and  where  they  cannot 179 


VIII  CONfFNTH. 

CH Al'TKU  V. 

I'akt  I.  Life  iiistiriuiec  >M>ii<-tii;iHrieH;  where  oxciii|»t  fromcn'ditors,  anil 
whcif  it  ciiiin'.s  wholly  to  tlu' willow  iind  faiiiHy.  I'AKT.  H.  Th« 
Laws  of  Wills;  wIhto  wills  <'jin  lio  iua<k'  without  witm-sscH;  wlu-r*' 
ono,  two,  thnH!  ami  four  an-  rtHiuinMl;  IfoloRraph  aixl  Nuiic'U|>ativ<» 
Wills;  wlicro  valid;  where  every  heir  must  \wi  named;  when-  tin 
widow  takes  one-half  of  her  hnshand's  |)ro|K'rty,  and  where  she 
<an  Ik'  (leprived  of  everything;;  where  married  women  ean  make 
Wills  independent  of  their  hushand's  (onrtesy,  and  where  they 
eannot;  where  minors  can  make  Wilis  of  iK't^sonal  prop«'rty;  the 
traditional  forms  of  Wills  in  l^uelM>r,and  in  the  State  of  I>uiisiana.  241 

CilAl'TKH  VI. 

Part  I.  The  tin)e  within  which  A<'ti(»n  miisi  U-  hrou^ht  to  nn -over 
indenmity  or  damages  from  a  railioad  foriMTsonal  injuries  or  death 
ati  provid«'d  hy  tlu?  Statute  of  liimitations  in  «'aeh  Stateanil  Territory 
in  the  United  Slates  and  eaeh  I'rovinee  of  Canada;  where  the  smn 
re<'overal>Ie  in  case  of  death  is  (ixerl  hy  law,  at  a  limited  amoimt. 
I'akt  II.  Ti\e  Laws  of  ('on<hi<'lors.  ICn^jini'ers  and  I'a.sseiif^ers. 
I'AKT  III.  Innkeepers' r^iws  and  the  Kights  of  (luests.  I'akt  TV. 
Ues|ionsiliility  of  Telet;ra|)h  ( 'ompanies  res|M'<'(inn  niessa^jes;  Con- 
traets  hindinK  hy  teleKra|)h  Itetween  persons.  I'AKT  V.  The  I^vw 
of  Conunon  Carriers.     I'akt  VI.     lijiw  of  Finding 2i)\ 

CHAPTER  VII. 

I'AKT  I.  Points  of  law  in  <laily  use.  Part  II.  Clark's  Interest  Tahles. 
I'akt  III.  l»iirerence  of  time  lietwwn  New  York  and  San  Franeis<'o 
and  interni('<lia<c  |»laees.  Pakt  IV.  Value  of  Foreiv;n  Coins  as 
reKulati'd  hy  (he  Diretitor  of  the  Mint  at  Washington,  January  1, 
IHHi).  Part  V.  United  States PiissiMirts.  Part  IV.  Amendment 
to  Canada  iK)stal  aet  of  1880 306 

CHAPTER  VIII. 

Part  I.  Prefaced  hy  an  outline  of  how  the  United  States  (iovernment 
is  formed;  its  cost  and  its  judicial  courts  and  the  succession  to  the 
Executive  OHice  in  case  of  death,  rosij^nation,  removal  or  inahility; 
the  Declaration  of  Independ<>nce;  the  Constituti<m  of  the  United 
StaU's  and  its  Amendments.  Pakt  II.  The  MawnaChartii  of  King 
John  of  England,  known  as  the  (Jharttjr  of  Civilized  LilM-rtir^s. 
Part  HI.  Biogi-aphical  Skot<hes  of  the  Presidents  of  the  United 
States  from  Washington  to  Benjam.in  Harrison.  Part  IV.  Fiu-ta 
and  Sket<'hes  alKHit  the  Royal  Family  of  Creat  Britain,  and  where 
and  how  Her  Majesty  lives;  the  cost  of  the  R<»j'al  Fanuly  to  the 
Government.  Part  V.  Sketchesof  the  Life  and  Times  of  Sir  John 
A.  Macdonald,  the  veteran  statesman  of  fifty  years  in  Canada 318 


COLLECTION  LAWS 


-OF  THK- 


Slates  and  Territories  in  tlie  United  States 


-AND 


Provinces  of  the  Dominion  of  Canada,  Including  ttie  Following 

Part    I.  Assignments  and  Attachments. 

Part  II.  Exemptions  and  Limitations. 

Part  III.  Commercial  Paper. 

Part  IV.  Interest,  L*>f;al  and  Illegal. 

P.vKT    V.  Arrest  and  Imprisonment  for  Civil  Debt. 


PART  I— CHAPTER  I. 

Alabama. — All  assignments  made  by  bonds ;  suits  com- 
menced, decrees  or  judgments  suffered  to  be  made  with  connivance 
and  fraudulent  intentions,  are  void.  Every  deed  of  trust,  mortgage, 
or  other  security  given  to  any  pre  existing  creditor  is  void  as  to 
existing  creditor ;  preferential  assignments  shall  in  every  case  inure 
to  the  benefit  of  all  creditors. 

Arizona. — The  same  laws  as  California. 

Arkansas. — All  assignments  to  be  valid  in  law,  nnist  be  filed 
in  the  Probate  Clerk's  office  ;  assignees  shall  iunnediately  furnish 
bonds  to  the  satisfaction  of  the  Judge  of  Probate,  in  double  the 
value  of  what  the  assets  of  the  assignors  will  inventory  ;  creditors 
shall  have  the  right  to  demand  an  auction  of  the  assets,  within  120 
days  after  the  inventory  is  filed  with  the  Judge  of  Probate,  accord- 
ing to  the  statute. 


10  HEADY   IIF.FEUENCE   MANUAL. 

California. — There  is  uo  statute  providiag  for  assignments. 
Attachment  smnmons  may  issue  upon  affidavit  and  undertaking  in 
the  following  cases :  1.  (Contracts  implied,  or  expressed  for  the 
pajMuent  of  money  within  the  State,  and  not  otherwise  secured  by 
mortgage,  lien,  or  personal  pledge  of  property.  2.  Where  a  debt 
was  originally  secured,  and  through  no  fault  of  the  claimant,became 
valueless,  then  in  such  case  an  attachment  may  be  made.  3.  In  ac- 
tions of  contract  made  by  persons  or  corporations  not  residents, 
with  residents  of  the  State,  and  the  said  person,  persons  or  corpo- 
rations having  i>roperty  within  the  State. 

Colorado.—  Attachments  may  issue  against  non-residents' 
property  within  the  State  with  original  writ;  fi'audulent  and  clan- 
destine creditors ;  or  when  a  debtor  is  known  to  seclude  himself 
from  his  ordinary  residence  for  four  months  in  succession:  also, 
when  a  debt  is  contracted  for  cash  on  delivery  payment  and  the 
goods  received  under  some  other  excuse,  without  being  paid  for  as 
coiitracted ;  wages  due  to  a  workman,  mechanic,  upon  any  contract 
or  woik,  a  lien  or  attachment  can  be  liled  upon  the  identical  prop- 
erty.    Tlie  statute  do(!S  not  provide  for  any  form  of  assignment. 

Connecticut. — Assignments,  attachments  and  insolvency  pro- 
ceedings are  about  one  and  the  same  thing;  a  triune  machinery  to 
accomplish  t  he  preservation  of  the  proceeds  of  debtors'  estates,  for  the 
benefit  of  the  creditors ;  all  collections,  suits,  demands  and  other- 
wise, shall  be  made  by  the  assignor  and  in  his  name  ;  assignments 
of  future  earnings  or  incomes,  are  not  valid  against  attaching  credi- 
tors, who  may  under  certain  rules  of  the  courts,  make  attachments  ; 
assignor  has  the  right,  if  he  so  elects,  to  go  into  voluntary  insol- 
vency, thereby  making  void  all  such  attachments  made  within  sixty 
days.  All  costs  in  such  dissolved  attachments  are  left  to  the  privity 
of  the  coiu't ;  wages  earned  within  three  months  to  the  amount  of 
$100  are  preferred ;  estates  are  apportioned  in  the  following  man- 
ner: Ist.  Lic^uidation  expenses.  2nd.  Taxes.  3rd. . Preferred  cred- 
itors. 4th.  General  claims  in  proportion.  Upon  payment  ol  seventy 
per  cent.,  the  assignor  can  apply  to  the  court  for  an  absolute  dis- 
charge. 

Dakota. — Same  as  Colorado,  except  that  money  contracts 
(such  as  money  loaned  on  mortgage  or  notes)  have  a  precedence 
over  all  other  claims. 


COLLECTION  LAWS.  11 

District  of  Columbia. — Wiits  of  attachment  can  be  made 
upon  affidavit  and  undertaking  of  the  genuiness  of  the  claim  made 
by  any  ci'editor.  The  procedure  in  Colorado  in  other  respects  is  fol- 
lowed. 

Florida. — No  special  statutes  defining  assignments.  The  law 
of  attachment  is  the  practice ;  writs  may  bo  obtained  from  the  Cir- 
cuit Court,  where  debts  are  actually  due  (and  in  special  cases  within 
nine  months  of  maturity,  when  under  contract)  and  in  Justice 
Courts  for  debts  in  general,  due  or  becoming  due  within  three 
mouths.  The  same  procedure  as  given  in  Colorado,  is  followed  in 
actions  against  absconders,  non- residents,  fraudulent  creditors. 

Georgia. — The  same  as  Alabama,  except  preferential  creditors, 
where  wages  are  involved,  are  allowed.  Indeumity  bonds  are  re- 
(juired ;  the  law  of  attachment  in  cases  of  absconders,  fraudulent  and 
clandestine  debtors  ;  see  Colorado. 

Idaho. — No  assignment  law ;  attachments  can  be  made  for 
debts  unsecured  by  mortgage  or  personal  pledge. 

Illinois. — Assignments. — The  County  Court  has  exclusive  juris- 
diction of  assignments  for  the  benefit  of  creditors.  An  inventory, 
under  oath,  of  the  estate  and  a  list  of  the  creditors,  with  their  resi- 
dence and  the  amount  of  their  respective  demands,  is  required  to  be 
annexed  to  the  assignment.  The  creditors  are  notified  of  the  assign- 
ment by  publication,  and  each  creditor  is  notified  by  mail  to  present 
his  claim  verified,  to  the  assignee,  within  three  months  thereafter. 
Claims  not  presented  within  three  months  from  the  publication  of 
notice  of  the  assignment,  do  not  participate  in  the  dividends  until 
after  the  payment  in  full  of  all  claims  presented  within  said  term  al- 
lowed. The  assignee  is  rei^uired  to  file  an  inventory  and  valuation 
of  the  estate  and  enter  into  bonds  in  double  the  amount  of  the  in- 
ventory and  valuation.  The  assignee,  at  the  expiration  of  three 
months  from  the  first  publication  of  notice,  must  file  a  list  of  all 
creditors,  who  have  claimed  to  be  such,  also  an  aflidavit  of  publica- 
tion of  notice,  and  a  list  of  creditors  to  whom  notices  have  been 
sent,  with  their  places  of  residence  and  the  date  of  mailing.  Excep- 
tions to  the  claim  of  any  creditor  may  be  filed  within  thirty  days 
thereafter,  and  the  same  is  tried  at  the  next  term  of  court.  At  the 
first  term  of  court  after  the  expiration  of  the  three  months  as  afore- 
said, the  assignee  is  ordered  to  declare  an  equal  dividend  of  the  as- 


12  READY  REFEllENCE  MANUAL. 

sdts  in  bis  banils,  auJ  to  remler  a  final  accouut  within  one  year 
thereafter.  The  assignee  is  at  all  tiiues  Bubjeot  to  the  supervision 
of  the  County  Court,  and  may  be  compelled  by  citation  and  attach- 
ment to  file  reports.  Provision  is  made  for  the  appointnjent  of  an- 
other assignee  in  case  of  death,  neglect  of  duty,  or  failure  to  qualify, 
also  for  further  security,  if  necessary.  J^o  nrefarerces  are  allowed. 
Pebts  not  due  ma^  bo  proved,  a  reasonable  deduction  being  made 
\or  interest.  The  fees  of  the  assignee  are  a^  the  discretion  of  the 
court.     No  provision  is  made  for  the  debtor's  discharge. 

Attachment. — May  issue  in  any  of  the  following  cases :     (1) 
Where  the  debtor  is  not  a  resident  of  the  State  ;  (2)  when  he  con- 
ceals himself  or  stands  in   defiance  of  an  officer  so  that  the  process 
cannot  be  served  upon  him ;  (8  and  4)  where  he  has  departed,  or  is 
about  to  depart,  from  this  State  with  the  intention  of  having  his 
creditors  deprived  of  the  right  to  collect  their  claims,  by  the  removal 
of  his  effects   therefrom;    (5)  where  he  is    about  to  remove    his 
property  from  the  State   to  the  injury  of  his  creditors ;  (6  and  7) 
where  he  has  within  two  years  preceding  the  filing  of  the  affidavit 
retpiired,   fraiubileutly  conveyed  or  assigned,  or  concealed,  or  dis- 
posed of  his  efiects,  or  part  thereof,  so  as  to  hinder  or  delay  his 
creditors ;  (8)  where  he  is  about  fraudulently  to  conceal  or  assign 
or  otherwise  dispose  of  his  property  and  effects,  so  as  to  hinder  or 
delay  his  creditors ;  (9)  where  the  debts  sued  for  were  fraudulently 
contracted  on  the  part  of  the  debtor,  provided  the  statements  which 
constitute  the  fraud  were  in  writing  and  signed.     Affidavit  must  be 
filed,  setting  forth  the  nature  and  amount  of  the  indebtedness,  and 
any  one  or  more  of  the  causes  above  named,  and  the  residence  of 
defendant  if  known,  and  if  not  known,  that  affiant  is  unable  to  ascer- 
tain the  same  after  diligent  inquiry.    Bond  is  required  in  double  the 
amount  sworn  to  be  due.     If  the  sheriff  is  unable  to  find  proi^erty 
to  satisfy  the  attachment,  he  shall  summons  persons  named  in  the 
writ,  who  are  indebted  to  the  defendant,  as  garnishees.  •    In  courts 
of  record,  when  defendant  is  not  served,  the  clerk  of  the  court  is  re- 
quired to  publish  a  notice  of   the  attachment  in  some  newspaper 
within  the  State  most  convenient  to  the  place  of  business  where  the 
court  is  held,  for  three  successive  weeks ;  also  send  by  mail  a  copy 
of  the  said  notice,  within  ten  days  from  first  publication,  to  the  de- 
fendant, if  his  residence  is  known,  or  to  the  address  last  known. 


COLLF.CTION   LAWS,  13 

The  judgmoiit  is  in  rem  uuleas  tlie  defendant  is  personally  served, 
when  it  \h  jyersonuum.  Attachunint  may  issue  in  aid  of  suits  already 
pending  on  proper  cause  shown. 

Indiana. — Attachments  may  issue  prior  to  judgments  against 
non-residents  and  foreign  corporations,  having  property  within  the 
State,  for  jnonoy  contracts,  except  where  both  plaintiff  and  defen- 
dant are  both  non-residents,  and  the  money  sought  to  be  wages. 
Debtors  who  attempt  by  fraud  or  clandestine  disposition  of  their 
property  or  clandestine  removal  of  their  property  out  of  the  State 
with  a  view  of  absconding  ;  in  all  such  cases  any  property  belong- 
ing to  or  that  such  person  or  persons  have  an  interest  in,  can  be  at- 
tached by  creditors,  upon  a  bond  of  indemnification.  No  provision 
is  made  under  the  statute  for  assignments  ;  the  court  of  insolvency 
deals  with  all  bankrupts. 

Iowa. — Debtors'  assignments  are  permitted  by  assent  of  the 
majority  of  the  creditors,  in  amount  of  claims  ;  when  assignments 
are  made,  all  creditors  shall  share  alike  in  the  distribution  of  the 
assets  ;  attachments  are  allowed  against  non-resident  debtors  ;  also 
where  fraud,  concealment,  secret  disposition,  or  any  attempt  to  hin- 
der the  collection  of  lawful  debts,  by  putting  beyond  reach  the 
same  in  any  way  wrhatsoever  ;  debts  contracted  by  false  pretences ; 
where  debtor  is  permanently  leaving  the  State ;  in  all  such  cases 
the  property  visible  can  be  seized  and  taken  into  bond  by  the  offi- 
cers of  the  law,  upon  warrant  sworn  to  by  any  credible  creditor. 

Kansas.—  Assignments  only  distribute  proportionally  the  prop- 
erty of  an  assignor,  their  power  in  no  way  permits  them  to  dis- 
charge the  debtor  only  so  far  as  the  claims  that  have  been  liqui 
dated,  (this  is  to  preserve  the  rights  of  creditors  who  may  not  be 
notified,  imder  the  ordinary  assignments  practised  ;)  all  assign- 
ments must  be  executed,  witnessed  and  sworn  to  and  recorded  in 
the  same  manner  as  real  property,  along  with  a  schedule  of  all  the 
assets,  annexed  with  the  Olerk  of  the  District  Court ;  notice  within 
two  days  thereof  must  bo  mailed  to  each  creditor  having  a  claim  of 
$10  or  over ;  naming  a  day  not  less  than  twenty  days  or  more  than 
thirty  days,  for  the  election  of  an  assignee  ;  whereupon  a  majority 
vote  is  essential,  and  if  a  majority  of  the  creditors  do  not  attend,  or 
a  majority  for  any  one  candidate  cannot  be  obtained  after  due  efforts 
the  Judge  of  the  District  Court  appoints  an  assignee.     The  prop- 


1-4  HEADY   REFERENCE   MANUAL. 

erty  in  the  first  place  must  bo  appraised,  and  after  such  appriiisal, 
the  assignee  must  tile  bonds  to  double  the  amount  of  the  assets ; 
then  it  is  his  duty  to  advertise  the  time  and  place  he  will  receive 
and  adjust  claims ;  creditors  not  appearing  are  barred  as  to  sharing 
in  the  assets  then  scheduled,  but  as  aforesaid  not  as  to  the  collec- 
tion of  their  claims  by  recourse  to  whatever  expedients  they  see 
proper ;  assignee  must  make  monthly  distributions  to  creditors  ; 
the  court  can  direct  him  to  advertise  and  sell  all  the  assets  by  auc- 
tion ;  the  court  appoints  a  commissioner  to  examine  all  the  accounts 
and  audit  the  saiue  and  hand  into  the  court  a  certified  report  of  the 
estate  ;  attachment  writs  can  be  issued  against  the  property  of  ab- 
sconding debtors,  similar  to  Iowa. 

Kentucky. — The  same  as  Colorado  as  to  the  laws  of  attach- 
ments ;  assignments  must  be  executed  giving  priority  to  creditors, 
representing  the  estates  of  minors,  or  those  having  guardians  ;  in 
other  respects  the  law  of  Kansas  is  followed. 

Louisiana. — Assignments  or  cession  of  property  may  bo  vol- 
untary or  by  a  judgment  creditor;  the  syndic  (assignee)  must  give 
bonds  for  the  proper  discharge  of  his  ofKce ;  his  election  must  be  by 
creditors,  representing  at  least  two-thirds  in  aniount  of  money  of 
the  total  liabilities  of  the  debtor;  i^rivileged  creditors  (those  secured 
by  mortgage  or  notes)  cannot  force  sale  of  more  property  than  is 
sufficient  to  satisfy  their  claim  with  costs  of  sale ;  creditors  can  be 
represented  by  proxy  ;  nou-i-esident  creditors  who  receive  no  notice 
of  the  assignor's  insolvency,  and  not  taking  part  in  the  liquidation, 
have  recourse  to  the  Superior  Court,  and  if  their  claim,  or  claims 
are  established,  the  court  will  grant  them  judgment,  as  in  like  man- 
ner, as  if  no  cession  of  the  estate  had  taken  place.  The  court  will 
grant  to  a  debtor  a  respite  from  his  creditors  if  evidence  is  produced 
to  satisfy  the  court  that  it  shall  be  in  the  interest  of  all  to  grant  it. 

Attachment  Writs  may  issue  against  property  in  cases  of  per- 
sons absconding  from  the  jurisdiction  of  the  court  within  the  State, 
and  when  absconding  out  of  the  State  ;  against  non-resident  debt- 
ors owning  property  within  the  State,  and  the  debt  is  past  due,  and 
the  plaintiff  lives  within  the  State ;  and  upon  affidavit  by  two  or 
more  credible  witnesses,  that  the  debtor  is  concealing,  purloining, 
disposing,  transferring  or  in  any  other  manner  making  away  with  it, 
to  the  detriment  and  injury  of  his  creditors ;  no  preferential  actions 


COLLECTION   LAWS.  15 

are  valid,  that  is  to  say,  where  by  colhision  with  u  creditor  to  con- 
fess judgment  and  admit  attac)iment.  All  persons  found  guilty  of 
acts  warranting  garnisheenieut  or  attachment  in  any  of  tlie  causes 
named,  are  debarred  from  all  privities  in  obtaining  a  discharge  until 
he  pays  his  ludebtedness  in  full. 

Maine. — Assignments  come  under  the  laws  of  the  Insolvency 
Act ;  estates  of  deceased  persons  may  be  declared  insolvent,  and 
commissioners  in  insolvency  appointed  in  the  Probate  Court.  Cred- 
itors may  prove  their  claims  before  the  commissioners  so  appointed. 
Claims  may  bo  assigned  and  actioils  brought  in  the  name  of  as- 
signees. 

Insolvency  Laws. — A  general  insolvent  law  was  passed  in  1878 
(Chap.  74,  Laws  of  1878)  to  take  the  place  of  the  National  Bankrupt 
Law.  This  law  gives  Probate  Courts  jurisdiction,  and  has  many  of 
the  leading  features  of  the  United  States  law  of  1867.  A  debtor's 
petition  requires  an  indebtedness  of  at  least  $300,  and  if  no  fraud  is 
apparent,  he  may  at  any  time  after  the  expiration  of  four  months 
receive  his  discharge,  and  no  specified  percentage  is  provided  or  re- 
quired for  such  dischoige.  In  involuntary  proceedings,  the  petition 
of  two  or  more  creditors  is  required.  Their  aggregate  provable 
debts  must  be  at  least  one-fourth  of  the  provable  liabilities  of  the 
insolvent  debtor.     In  this  law  there  is  no  composition  clause. 

Maryland. — Assi  inments. — Any  confession  of  judgments  or 
assignments,  made  for  the  purpose  of  defrauding  creditors,  is  void, 
but  a  deed  of  trust  conveying  all  a  debtor's  property,  may  contain 
preferences  of  particular  creditors,  without  invalidating  it.  Im- 
proper preferences,  made  with  the  intent  to  apply  for  the  benefit  of 
the  insolvent  laws  by  one  who  does  not  subsequently  apply  there- 
for, are  void,  and  any  improper  preferences  made  by  an  applicant 
for  the  benefit  of  the  insolvent  laws  are  void. 

Attachments. — Every  person,  or  body  corporate,  that  has  the 
right  to  become  the  plaintift'  in  any  action  or  proceeding  before  a 
judicial  tribunal  of  this  State,  shall  have  the  right  to  become 
the  plaintiff  in  an  attachment  against  a  non-resident  or  a 
person  absconding,  or  one  who  has  or  is  about  to  conceal  his 
property  to  defraud  his  creditors.  Every  person  who  shall  actun"y 
run  away,  abscond,  or  fly  from  justice,  or  secretly  remove  from  his 
place  of  abode,  with  intent  to  evade  the  payment  of  his  just  debts, 


16  READY   liEFERENf'E   MANUAL. 

or  to  iujuro  or  defraud  his  creditorw,  shall  be  considered  as  haviug 
absconded.  Any  kind  of  property  or  oredita  belonging  to  the  de- 
fendant in  the  plaintiflf's  own  hand,  or  in  the  hands  of  any  one  else, 
may  be  attached,  and  cieditH  be  made  as  due,  notwith.standing  upon 
the  face  not  matured.  But  property  in  the  defendant's  own  hand 
cannot  bo  attached.  Before  any  such  writ  of  attachment  shall  issue, 
the  plaintiff  shall  make  oath,  before  a  Justice  of  the  Peace,  or  Judge 
of  a  Court  of  Record,  stating  that  the  defendant  is  bona  fide  in- 
debted to  the  plaintiff  in  the  sum  of  $ over  and  above  all  dis- 
counts, &c.,  and  that  he  is  about  to  abscond,  «fec.  The  jurisdiction 
of  a  Justice  of  the  Peace  extends  to  all  cases  in  attachment,  where 
the  sum  claimed  shall  not  exceed  .$100,  upon  the  proper  affidavit 
being  made. 

Massachusetts. — Assignments  are  not  recognized  by  law. 
Attachments, — All  civil  actions  must  be  commenced  on  original 
writs,  and  may  be  framed  either  to  attach  the  goods  or  estate  of 
defendant  or  not  as  the  plaintiff'  thinks  best.  In  case  no  goods  can 
bo  attached,  the  body  of  the  defendant  may  be  taken.  All  real  estate, 
goods  and  chattels  liable  to  execution  may  be  attached  on  the 
original  writ,  except  property  exeii.pt  by  law,  and  the  same  holds 
good  until  thirty  days  after  judgment,  for  the  purpose  of  being 
taken  in  execution  and  sold  upon  the  said  judgment.  Attachments 
may  bo  dissolved  before  judgment,  by  defendant  giving  a  bond  to 
be  appi'oved  by  plaintiff,  or  his  attorney,  or  b}'  a  Master  in  Chancery, 
conditioned  to  pay  to  the  plaintiff' withiji  thiity  days  such  sum,  if 
any,  as  he  may  recover. 

Michigan. — Common  law  assignments  are  used  in  this  State. 
They  are  regulated  by  statute  as  follows:  They  are  void  unless  they 
are, — 1st,  Without  preferences  ;  2nd,  Unless  the  assignment  or  du- 
plicate of  it,  an  hiventory  of  the  property,  a  list  of  the  creditors,  and 
a  sufficient  bond  by  assignee,  is  tiled  with  the  clerk  of  the  Circuit 
Court  of  the  county  within  ten  days  of  making  it ;  3rd,  Unless  they 
include  all  piopeity  of  the  assignor's,  except  such  as  is  exempt  by 
law.  Attachments  and  levies  create  no  lieu  within  the  ten  days 
upon  the  assigned  property.  Assignees  must  file  reports  quarterly, 
under  oath,  and  must  have  appraisements  of  the  assigned  property 
made  by  two  disinterested  competent  persons  under  oath,  and  filed 
in  court  as  soon  as  practicable  after  assignment  is  made.     In  case 


CULLKUTION   LAWS.  17 

of  neglect  to  comply  with  tho  law,  or  if  any  fraud  cxIhIh,  the  estate 
will  be  woiiml  up  by  a  court  receiver,  and  the  court  may  then  order 
Hunnuary  cxamiuatiou.s  ol'  partieu  and  witneuues  at  any  btage  of  thu 
proceedings. 

ATTAeuMKNTS. — Aro  authorized  at  any  stage  of  suits  where  it  is 
shown  by  affidavit  as  follows: — (1)  That  the  defenchmt  has 
absconded  from  the  State,  or  concealed  therein  to  the  injury  of  his 
creditors  ;  (2)  That  he  has  or  is  about  to  assign,  dispose  of,  or 
conceal  his  property  with  the  intent  to  defraud  his  creditors  ;  (3) 
That  he  has  removed  or  is  about  to  remove  any  of  his  property  out 
of  the  State,  with  intent  to  defraud  his  creditors  ;  (4)  That  ho 
fraudulently  contracted  the  debt  sued  for  ;  (H;  That  he  is  not  a 
resident  of  tho  State  ;  (<3)  That  defendant  is  a  foreign  corporation. 
The  right  of  dissolving  the  attachment  the  same  as  in  Massachusetts 
exists. 

Minnesota. — Assignments  must  be  subscribed  ns  the  act  and 
deed  of  the  assignor,  in  the  same  manner  as  though  he  were  con- 
veying realty,  and  contain  all  his  assets,  not  exempt  by  law.  It  shall 
be  recorded  with  (he  clerk  of  the  District  Court,  within  the  county, 
where  the  business  (or  if  branches  of  the  business  exist,  where  the 
principal  jmrt  of  the  business  was  transacted)  was  carried  on  ; 
assignee  must  be  a  resident  free  holder ;  assignor  shall  tile  within 
ten  days  thereafter  an  inventory  accurately  describing  his  debts, 
and  the  name  and  last  known  address  of  each  creditor ;  and  if 
secured  in  any  way,  how  secured ;  assignee  must  then  within  five 
days  give  a  bond  with  two  approved  surt;ties,  for  double  the  amount 
of  the  inventoried  assets.  Creditors  shall  prove  their  claims  imeler 
oath  (except  United  States,  State,  or  Tax  claims)  ;  creditors  are 
then  paid  the  dividends  in  tho  following  order  : — (1)  Assignee's 
legal  fees  ;  (2)  United  States  claims  ;  (3)  State  claims;  (4)  Taxes; 
all  of  which  must  be  paid  in  full,  then  wages  due  not  exceeding  .S20 
in  amount,  and  earned  within  three  mouths  next  preceding  the  as- 
signment;  and  all  other  creditois  pro  rata.  There  is  no  special 
provision  for  assignor's  discharge. 

Attachments  : — Of  money  (or  if  no  n)oney)  then  writs  attaching 
proi)erty  may  issue  from  District  Court,  and  from  Justice  Court, 
for  claims  under  contract ;  in  the  Supeiior  Court  a  penalty  bond 
for  $250  is  required   for  surety  of  costs,  and  in  the  latter  court  a 


18  READY    KKI'ERKNCK   MANIAL. 

bond  of  $100.      For  property  aud  for  cluims  that  tlicHo  writH  can 
be  obtained,  sco  Iowa. 

Missouri. — AHBignineutsfan  bo  iimdo  voluntary,  within  fifteen 
days  after  an  aHaif^niuent  has  been  made  ;  the  assij^'neo  must  tiio  a 
correct  inventory  from  an  ajjpraised  vahic,  along  with  a  bond  in 
double  the  amount  of  the  same,  with  the  Probate  Court  clerk 
within  three  months;  a  day  must  bo  fixed  by  the  assignee  for  credi- 
tors to  prove  their  claims  ;  creditors  not  ai)iiearing  on  that  date  to 
prove  their  claims,  or  within  two  days  tlicrcafter,  their  claims  are 
precluded  ;  ansignecs'  ruling  as  to  claims  is  subject  to  appeal  to 
the  Judge  of  the  District  Court;  dividends  paid  upon  any  credi 
tor's  claim,  are  only  recognized  as  credits  upon  the  original  debt. 

Attachment. — Proceedings  the  samo  as  Indiana,  except  that 
proceedings  must  bo  advertised  in  the  place  where  the  attachment 
is  made  for  four  suci-iessivo  weeks,  in  case  defendant's  residence  is 
unknown  and  service  of  a  notice  cannot  be  affected. 

Montana  Territory. — Attachment  writs  can  only  issue  upon 
affidavit  by  plaintiff,  that  the  debtor  is  about  to  leave  or  has  left  the 
territory ;  that  he  is  removing  his  effects  from  out  the  territory  and 
with  the  intent  of  defrauding  his  creditors  ;  persons  applying  for 
such  writs,  must  in  all  cases  furnish  approved  bail  bonds  to  the 
court  for  indemnification. 

Assignments. — Are  only  legal  when  attachment  writs  are  issued 
and  then  only  for  taking  over  the  defendant's  property  ;  if  sufficient 
property  to  satisfy  the  d(  bts  of  the  defendant  upon  appraisement  of 
the  coii'-*'s  commissioners  is  shown,  the  court  will  grant  a  permit  for 
debtor  to  engage  in  business,  and  this  permit  is  a  discharge  from 
the  former  liabilities. 

New  Hampshire. — Assignments  by  an  insolvent  debtor  must 
be  of  all  his  real  and  personal  estate,  aud  shall  provide  for  a  propor- 
tional distribution  of  the  same  among  all  his  creditors,  but  the 
debtor  is  not  thereby  discharged  from  his  debts.  Such  assignments 
will  not  be  valid  until  the  debtor  makes  oath  that  his  intentions  in 
making  the  same  a  j  in  accordance  with  the  requirements  of  the 
statute,  and  the  ujsent  of  creditors  to  such  assignment  will  be 
presumed  unless  their  dissent  is  made  known  to  the  assignee  within 
thirty  days.  All  actions  of  assenting  creditors  shall  be  discontinued 
and  their  costs  form  part  of  their  claim,  but  dissenting  creditors 


COLLECTION    LAWS.  ID 

tiik(!  iiothinj,'  umlor  the  aHsigniuout.  A  copy  of  Kuch  ftssigninont 
rtliall  bo  tilod  with  the  IlegiHtor  of  I'rohatc  of  the  coiinty  within  ten 
(livy8  of  its  oxecnitioii,  aiul  u  Hchediile  of  the  property  embraced  in  it 
and  a  list  of  the  creditorH,  verified  by  oath.  The  assignee  hhall  give 
such  notice  of  hia  appointment,  by  publication  and  posting  of  no 
tices,  as  the  Judge  of  Probate  may  order. 

Attachment  of  the  property  of  a  debtor  as  the  Bccurity  of  a 
payment  of  an  execution,  is  allowed  so  far  as  what  is  not  exenii>t  by 
law.  All  actions  for  the  collection  of  debts,  may  be  commenced  by 
trustee  process  Attacthments  continue  in  force  for  thirty  days  after 
the  execution  of  the  court  is  rendered  within  which  time  the  levy  of 
the  execution  must  be  commenced  or  the  attachment  will  dissolve. 
The  right  of  giving  a  bond  to  the  sherifl'  for  the  release  of  property 
is  customary,  and  usually  accepted. 

Nebraska. — Assignee  acts  as  the  agent  of  the  cotirt,  his  di- 
rections and  actions  being  subordinate  to  the  court.  Thirty  days 
are  allowed  for  assignee  to  file  a  sworn  inventory  of  the  assets  of 
the  debtor's  estate.  The  court  appoints  two  appraisers  ;  assignee 
must  give  to  the  court  a  bond  of  indemnity  ;  the  court  advertises 
the  assignment  and  the  assignee  of  the  court ;  creditors  must  file 
proof  of  their  claims  within  six  months  thereafter ;  servants'  and 
w orkmen's  wages  are  only  prefeired  ;  assignment  iuust  be  recorded 
within  thirty  days  after  its  execution  ;  the  court  regulates  as  it 
deems  expedient  the  settlement  of  accounts  and  distribution  of 
funds. 

Att.\chments  are  the  same  as  practiced  in  Indiana,  only  no 
bonds  are  required,  if  defendant  is  a  non-resident  or  foreign  corpo- 
ration. 

New  Jersey.— -Insolvent  assignments  by  debtors  for  the  ben- 
efit of  creditors  must  be  without  preferences,  otherwise  void.  Debt- 
or must  add  to  assignment  an  inventory  under  oath.  Assignee  must 
give  three  weeks'  notice  of  assignment  by  publication.  He  must  file 
inventory  under  oath  with  surrogate  of  the  coivnly  fort/iu-il/i,  and 
give  bond  with  sufficient  surety  in  double  the  amount  of  the  inven- 
tory. Assignee  must  file  a  list  of  the  creditors  at  the  end  of  three 
months,  after  having  six  weeks'  notice  by  publication.  Assignee 
proceeds  at  next  term  of  court  to  make  dividends.  Wages  of  ser- 
vants, clerks,  laborers,  etc.,  up  to  $300  are  preferred.     Assignee  has 


20  ui;aiiv  luaEUKNCE  manual. 

power  to  sell  all  prnporty  cxoiiipt  from  execution.  Sale  of  liiiul  imiKt 
b(*  iulvertiHcd  urconliiit,'  to  liiw,  threo  iii(»iitliH  if  wilhouf  tlio  State, 
and  two  iiioutliH  if  witliiu  tlio  State.  A  creditor  who  does  not  ex- 
liibit  luH  claim  is  barred  of  a  dividend,  uiileaH  the  property  proves 
HiilVicieutto  pay  otherH  in  full,  or  he  shall  tind  other  property;  but 
he  in  not  barred  from  a  suit  a^^ainst  the  debtor. 

Attachmknt  writs  may  be  issued  a^'ainst  non  residents  and  ab- 
Hcondin*,'  ilebtors,  upon  licpiidated  claims  only,  where  the  creditor, 
or  in  his  absence  his  agent,  nuikes  oath  that  the  debtor  absconds  or 
is  about  so  to  do,  or  is  a  non  resident  at  the  time,  and  of  the  amount 
due  to  the  plaintitV.  A  foreign  corporation  can  be  proceeded  against 
by  attachment.  An  attachment  inures  to  the  benefit  of  all  the  cred- 
itors of  the  plaintitr,  whether  their  debts  are  duo  or  not,  and  they 
may  be  a(buittod  under  the  attachment  upon  tiling  itn  alKdavit  of 
their  demand,  and  iipjilying  to  the  court  therefor.  Personal  proj)- 
erty  cannot  be  sohl  until  thiee  months  after  the  writ,  except  where 
it  is  perishable,  and  real  estate  not  until  one  year  after  its  seizure 
under  writ.  Attachment  issued  out  of  the  Justice  Court  inures  to 
the  beuelit  of  the  attaching  creditor  only,  but  may  be  superseded 
by  an  attachment  issued  out  of  the  Supieme  Court,  Circuit,  or  Com- 
mon Pleas. 

New  York. — Any  person  in  law  capable  of  entering  into  con- 
tract may  execute  an  arsigument  for  the  benefit  of  his  creditors. 
The  assignment  must  be  in  wiiting,  duly  acknowledged  before  an 
otlicer  authorized  to  take  acknowledgments  of  deeds,  and  shall  be 
recorded  in  the  County  Clerk's  otlice  of  the  county  where  the  debtor 
resided  or  carried  on  his  b  siuess  at  the  date  thereof.  An  assign- 
ment by  co-partners  must  be  recorded  in  the  county  where  the  prin- 
cipal i>lace  of  business  of  such  co  partners  is  situated.  When  real 
estate  is  part  of  the  property  assigned,  and  is  situated  within  a 
county  other  than  the  one  in  which  the  original  assignment  is  re- 
qui)ed  to  be  rticorded,  a  certilied  copy  of  such  assignment  shall  be 
tiled  and  recorded  in  the  county  in  which  said  property  is  situated. 
The  assent  of  the  assignee  must  be  in  writing,  and  shall  be  duly  ac- 
knowledged. AVithin  twenty  days  the  debtor  must  make  and  deliver 
to  the  county  judge  of  the  county  where  the  assignment  is  recorded 
an  inventory  containing  as  follows : — 


rOLLECTION   LAWS. 


21 


First. — The  imiiic,  ofcuputiou,  place  of  rebiJcnce,  and  place  of 
i^iiiPHS  of  Bucli  (l«'btor. 

Stroud. — The  niiino  auil  place  of  residence  of  the  asHignee. 

Third. — A  full  and  tnie  account  of  all  the  creditorH  of  Huch 
?btor,  Htalliig  the  last  known  place  of  residence  of  each,  the  Bum 
sWft,  to  each,  with  the  true  cauHe  and  consideration  therefor,  and  a 
11  Htatenieut  of  any  existing.'  security  for  tlie  payment  of  the  Hatue. 

Fourth. — A  full  and  true  inventory  of  all  the  debtor's  estate  at 

0  (lute  of  such  aHsifjfnniont,  both  real  and  personal,  in  law  and 
piity.  with  the  uicuiiibraticcH   existing  thereon,  and  of  all  vouchers 

ul  securities  relating  thereto,  andthc;  nominal  as  well  as  the  actual 
iihu!  of  the  same,  according  to  the  best  knowledge  and  belief  of  the 

d'  litor. 

Fifth. — An  affidavit  made  by  such  debtor  that  the  same  is  in  all 
r<  I"  cLs  just  and  true.  In  case  the  debtor  fails  within  twenty  days 
|(i  to  do,  then  the  assignee  ruist  within  thirty  days  thereafter  make 
I  lilc  the  inventory  above  required  in  so  far  as  ho  can,  and  shall 
lify  the  same  to  the  best  of  his  knowledge  and  belief.  In  case  the 
vciitory  is  not  tiled  by  either  the  assignor  or  assignee,  and  the 
me  be  not  extended  by  the  court  for  that  purpose,  the  assignee 
:iy  bi^  reiuoved.  The  assignee  must  give  a  bond  within  thirty  days 
ter  the  date  of  the  assignment,  in  an  amount  to  be  directed  by  the 

1  >!{,'('  for  the  faithful  discharge  of  his  duties.  The  debtor  may  pre- 
l<  I  creditors.  The  assignee  must  realize  for  all  property  assigned, 
t'ivdtise  for  claims,  and  settle  estates  airordiiig  to  the  requirements 
fl  tiie  statute,  within  one  year  from  the  date  of  such  assignment,  or 
t'  IS  liable  to  be  cited  so  to  do.  This  proceeding  does  not  discharge 
dt  litor  from  his  debts.     The  assignee  may  bo  removed  at  any  time 

r  iniscouducfc  or  incompetency. 

Attachments  can  be  procured  in  actions  for  breach  of  contract, 
xprcss  or  implied  (other  than  to  marry);  wrcmgful  conversion  of 
I'soiial  property ;  against  foreign  corporations,  when  plaintifi'  re- 
8j  'is  within  the  State  ;  against  the  property  of  non-residents  (not 
%li(  re  both  planitiif  and  defendant  are  non-residents);  and  in  sev- 
fiul  other  cases  where  the  evidence  adduced  to  the  court  that  fraud, 
Or  tlmt  the  person  or  persons  owing  such  debts  to  the  plaintifi",  are 
•b^(•oudiug,  concealing,  removing  from  the  State,  or  in  any  fraudu- 
•kiit  manner  whatsoever,  making  away  with  their  property  for  the 


22  READY  REFERENCE   MANUAL. 

iuteut  and  purpose  of  defrauding  tlicir  creditors.  The  property  can 
l)e  released  upon  providing  a  sufficient  undertaking  to  the  court  that 
issues  the  writ  of  attachment. 

North  Carolina. — Assignment  of  insolvent  estates  must  be 
at  the  privity  of  the  largest  creditor;  executois,  adininistrators, 
trustees,  are  not  obliged  to  co-operate  with  other  creditors ;  they 
are  privileged  to  bring  action  in  the  courts. 

Attachment  the  same  as  in  Indiana,  except  wages  has  no  prior- 
ity over  other  creditors. 

New  Mexico. — Assignments  are  not  provided  for  by  statute. 

Attachments,  where  the  debt  is  in  excess  of  $50,  can  be  made 
against  any  foreign  corporation  or  non-resident's  property  found 
within  the  territory ;  where  a  debtor  is  absconding  from  the  terri- 
tory, or  otherwise  attempting  to  defraud  his  creditors. 

Ohio. — Assignments  in  trust  for  creditors  are  regulated  by 
statute  ;  they  take  eflfect  only  from  the  time  they  are  delivered  to 
the  Judge  of  I'robate.  Within  ten  days  the  assignee  must  file 
the  instrument,  or  a  copy,  with  the  probate  judge  of  the  county  of 
the  assignor's  residence,  and  furnish  bonds ;  within  thirty  days  after 
giving  bond  he  must  file  inventory  and  an  apj^raisal  made  by  three 
persons  appointed  by  the  judge,  and  give  tliree  weeks'  notice  in  a 
newspaper  of  appointment;  must  forihwith  sell  at  auction  upon 
four  weeks'  notice,  or  at  private  sale  by  jjermission  of  th  ecourt,  for 
not  less  than  two-thirds  the  ajipraised  value.  Creditors  may  elect 
an  assignee  upon  petition  signed  by  creditors  holding  not  less  than 
$1000  of  claims,  and  upon  vote  of  creditors  holding  fifty  per  cent. 
or  more  debts — a  majority  in  value  of  all  debts  represented  at  a 
meeting  of  creditors,  called  by  order  of  the  court,  being  necessary 
to  a  choice.  Creditors  must  present  claims  in  six  months,  with 
affidavit  of  what  was  the  consideration  attached,  that  the  claim  is 
lawful  and  justly  due,  and  what  security  (if  any)  held.  If  rejected, 
suit  must  be  brought  within  thirty  days.  Assignee  must  reject  on 
demand  of  creditor,  accompanied  by  security  for  costs  and  expenses. 
In  eight  mouths  the  first  dividend  must  be  declared  ;  wages  to 
amount  of  $100  earned  within  six  months  prior  to  the  assignment, 
and  personal  taxes,  are  preferred  claims ;  no  other  preferences 
allowed. 


COLLECTION  LAWS.  28 

Attachment. — A  writ  of  attachmeitt  aail  garnialioo  process  will 
issue  for  any  of  the  causes  enumerated  under  the  head  of  arrests, 
or  where  defendant  is  a  foreign  corporation  or  non-resident,  i)laintifi 
can,  upon  affidavit  that  defendant  has  absconded,  to  defraud  his 
creditors,  or  left  county  of  residence  to  avoid  service  of  summons. 
But  no  attachment  can  issue  on  ground  that  defendant  is  a  foreign 
corporation  or  non-resident,  save  on  a  debt  or  demand  arising  on 
contract  or  judgment,  or  for  causing  death.  Except  when  issued 
because  defendant  is  a  foreign  corporation  or  non-resident,  plaintiff 
must  give  bond  in  double  amount  of  his  claim.  If  garnishee  process 
is  desired,  the  plaintiff,  in  his  affidavit  must  name  the  persons  and 
describe  the  property  suj^posed  to  be  in  the  garnishee's  possession. 

Pennsylvania. — Assignments  by  insolvents  foi  the  purpose 
of  preferring  one  or  more  creditors  inure  to  the  benefit  of  all ;  a 
general  assignment  immediatel}'  places  the  property  assigned  beyond 
the  reach  of  any  execution.  The  proceeds  of  the  assigned  property 
are  distributed  by  the  assignees  pro  rata  among  the  creditors,  under 
the  supervision  of  the  court ;  the  wages  of  miners,  mechanics  and 
clerks  being  preferred,  however,  to  the  extent  of  §200,  provided 
they  be  due  for  services  rendered  within  six  months  immediately 
preceding  the  assignment.  An  assignment  not  recorded  within 
thirty  (hiys  becomes  void.  A  wife's  dower  is  not  divested  by  an 
assignment  of  her  husband,  unless  she  joins  in  the  same  of  her  own 
free  will.  So  much  of  the  debt  as  is  not  paid  by  the  assignee  remains 
an  obligation  against  the  debtor,  and  can  bo  enforced  at  any  time 
against  his  acquisitions.  A  claim  may  be  proved  any  time  before 
the  final  dividend  is  made,  and  the  same  shall  participate  in  a  like 
manner  to  all  other  claims. 

Attachment. — Foreign  attacfmicnts  in  favor  of  a  creditor  when 
the  property  of  a  non-resident  debtor  is  found  within  the  State. 
Security  is  required  in  double  the  value  of  the  property  attached  ; 
the  surety  nmst  be  a  resident  of  the  county  where  the  attachment 
issues.  This  attachvicrit  may  be  dissolved  by  entering  security  for 
debt,  or  by  making  a  deposit  of  money  to  the  amount  of  claim  sued 
for ;  attachment  not  foreign  also  lies  where  a  dtibtor  is  about  to 
remove  his  good?  out  of  the  jurisdiction  of  the  court,  with  inteiit  to 
defraud  his  creditors  ;  or  when  he  has  property  fraudulently  con- 
cealed ;  or  when  he  has  assigned,   disposed  of,  or  removed,  or  is 


24  READY   REFEIIENCE  MANUAL. 

about  to  remove,  assign,  or  dispose  of  the  same,  with  in  tent  to  de- 
fraud his  creditors  ;  or  when  he  has  fraudulently  contracted  the 
debt  sued  for.  In  this  case  the  plaintiff  must  give  a  bond,  with  a 
citizen  of  the  county  wliei'e  the  attachment  issues  as  a  security,  in 
double  the  anionut  of  the  claim,  conditioned  that  if  the  plaintiff 
shall  fail  in  his  suit,  he  will  pay  all  costs  and  damages  sustained  by 
defendant  b}'  reason  of  the  attaeJvuent.  This  attachment  may  be 
dissolved  by  the  defendant  giving  securif y,  to  be  aemoved  by  pay- 
ment of  money  into  court,  or  such  other  substitute  as  the  court  may 
see  proper  to  accept  in  lieu  thereof. 

Rhode  Island. — Assignments  for  the  equal  benefit  allowed 
without  preferences,  as  in  New  Jersey. 

Attachments. — May  issue  or  origir.al  writ  whenever  the  plaintiff, 
his  agent  or  attorney,  makes  oati\  thereon  that  plaintiff"  has  a  just 
claim,  and-either  that  defendant  has  committed  fraud  in  contracting 
the  debt  on  which  the  action  is  founded,  or  that  since  contracting 
the  debt  defendant  has  been  the  owner  of  property,  in  the  receipt  of 
income  which  be  has  refused  or  neglected  to  apply  to  the  payment 
of  the  debt.  Atta.chments  may  be  defeated  by  debtor  making  a 
voluntary  assiginneut  at  any  time  within  sixty  days,  or  the  court 
may  appoiut,  on  motion  of  any  three  or  more  creditors  holding  not 
less  than  one  third  of  the  debts,  a  receiver,  either  of  which  acts  void 
attachments. 

South  Carolina. — Attachment  at  the  time  of  commencing 
action,  or  at  any  time  afterward.s,  may  issue  in  the  following 
cases : — In  an  action  arising  for  the  recovery  of  money  only ; 
in  an  action  for  wrongful  conversion  of  personal  property  ;  against 
a  corporation  created  by  or  under  the  laws  of  any  other  State  or 
foreign  country ;  against  defendant  for  absconding  or  concealing 
himself,  or  assigning,  disposing,  or  clandestinely  removing  the  same 
with  the  intent  of  defrauding  his  creditors.  Plaintiff'  must  deposit 
$250  for  security  for  costs  or  damages  in  any  of  the  actions  men- 
tioned, before  the  court  will  interfere. 

AssiGN.MEXTs. — (1 )  Voluntary;  (2)  Under  process  an  embar- 
rassed debtor  may  assign  his  property  for  the  benefit  of  his  creditors. 
The  creditors  have  the  right  to  appoint  agents  or  an  agent  equal  in 
number  of  assignees  to  act  with  them.  If  uo  agent  or  agents  are 
appointed,  assignees  can  act  alone,  and  it  is  their  duty  to  report  to 


COLLECTION   LAWS.  tiiJ 

creditors  every  three  luontbB.  The  asnigumeiit  of  all  hia  estate  by 
a  debtor  under  confinement  or  arrest  effects  his  discharge  therefrom. 
Only  the  debt  of  the  creditors  participathig  in  dividends  is  affected 
by  these  assignments. 

Tennessee.— Assignment  by  debtor  is  permitted ;  he  can  at 
his  privity  prefer  one  or  more  creditors  in  exclusion  of  others. 
Assignee  must  provide  bonds  and  security  for  faithful  discharge  of 
his  duty :  it  must  bo  immediately  recorded  with  the  clerk  of  the 
county,  within  which  the  assignor  resides. 

Attachment. — Creditors  can  attach  for  fraud,  non-residents' 
property  or  goods,  or  when  a  debtor  is  about  to  abscond  or  has 
absconded  from  the  State,  or  is  removing  his  property  or  concealing, 
purloining  or  otherwise  attempting  by  fraud  to  make  away  with  all 
his  visible  effects ;  the  right  of  replevy  exists. 

Texas. — l.  Every  assignment  shall  provide  for  distribution  of  all 
real  and  personal  estate  (except  what  is  exempt  by  law)  among  all 
creditors,  pro  rata,  shall  pass  title,  be  acknowledged,  certified,  and 
recorded.  2.  The  debtor  shall  annex  an  inventoi'y  containing  a 
statement  of  the  account  of  all  his  creditors,  the  place  of  resic.ence, 
the  amount  and  nature  of  the  debt,  the  consideration,  and  when 
same  arose,  any  existing  mortgage  collateral  or  other  security,  of 
all  estate,  real  and  personal,  and  the  incumbrances,  and  all  vouchers 
and  securities  relating  thereto  ;  attidavit  that  same  is  true  not  to 
affect  ill  any  way  property  held  in  trust  or  exempt  as  aforesaid.  3. 
Assignment  may  be  made  for  benefit  of  such  creditors  as  accept 
same ;  in  such  case,  benefit  is  restricted  to  those  accepting  and  shall 
release  debtor  from  claims  of  those  so  agreeing.  4.  Assignee  shall 
give  notice  of  his  appointment  by  publication  for  throe  weeks.  5. 
Creditors  shall  make  known  their  consent  in  writing  within  four 
months.  6.  Assignee  shall  record  deed  of  assignment,  and  furnish 
a  bond,  to  be  approved  by  the  County  Judge.  7.  Creditors  accept- 
ing, shall  file  statement  with  the  assignee  of  their  accounts,  sup 
ported  by  affidavit  that  the  same  is  just,  and  that  there  are  no 
credits  or  offsets  known  to  same.  8.  Any  creditor  not  accepting, 
may  garnishee  excess  of  proceeds  in  hands  of  assignee.  9.  All  prop- 
e:ty  conveyed  or  transferred  to  defraud  creditors,  may  be  recovered 
by  assignee  by  suit.  10.  Assignment  shall  not  void  for  want  of  an 
inventory.     11,  The  verified  statement  by  a  creditor,  verified  and 


26  IJKADY   REFERENCE   MANUAL. 

filed,  in  prima  facie  evidence  of  its  justness!,  but  the  same  may  be 
denied  and  controverted  in  the  courts.  12.  To  conceal  property 
from  assignee  to  defraud  creditors,  constitutes  a  felony  punishable 
by  at  least  two  years  in  the  penitentiary.  13.  Claims  not  due  may 
be  allowed  at  their  discount  value.  14.  The  assignee  may  be 
removed  when  incompetent,  and  new  appointment  made  by  the 
County  Judge.  15.  Assignee  must  make  distribution  when  amount 
on  hand  will  pay  ten  per  cent.  IG.  Full  reports  of  collections  and 
disbur.sements  nuist  be  made  by  assignee,  the  same  filed  and  record- 
ed with  clerk  before  a  final  discharf,o  of  his  bonds. 

Attacilmen't  proceedings  are  privileged  to  any  person  making 
affidavit  of  fraud,  concealment,  absrondiug,  etc.,  against  a  debtor, 
either  resident  or  uon  resident;  only  the  hitter's  property  can  be  at- 
tached upon  the  original  writ. 

Utah. — Attachment  proceedings  are  obtainable,  where  the 
claim  is  not  otherwise  secured,  and  if  secured,  and  has  become  value- 
less through  no  fault  of  the  plaintifit",  then  in  such  case  the  right  of 
attachment  lies;  also  in  cases  of  fraud,  concealment,  absconding 
from  the  territory;  or  the  property  of  a  nonresident  or  foreign 
chartered  corporation  or  company. 

Assignments  on  Insolvency  not  provided  for. 

Vermont. — All  assignments  of  property  must  be  for  the  equal 
benefit  of  all  creditors,  in  writing,  signed  by  assignor,  and  if  realty, 
by  trust  deed,  which  shall  be  recorded  in  town  derks's  office.  An- 
nexed to  such  assignment,  must  be  a  list  of  the  creditors,  sums  due 
each,  and  their  place  of  residence  and  address.  A  copy  of  the  assign- 
ment, with  annexations,  signed  by  both  the  assignee  and  assignor, 
must  be  filed  in  the  county  clerk's  office,  open  for  inspection.  Assig- 
nee must  be  a  disinterested  person,  and  shall  file  with  Probate  Court 
a  bond  for  indemnity  in  case  of  unfaithful  discharge  of  his  duty. 
Until  the  law  in  these  particulars  is  complied  with,  the  debtor's 
property  is  liable  to  execution,  attachment,  trustee  process,  or  gar- 
nishee. Assignee  must  act  with  dispatch,  and  file  a  second  copy  of 
his  settlement  of  trust  account  with  details  of  administration,  which 
account  he  nuist  verify  by  oath  as  just  and  true,  with  the  clerk  of  the 
county  court.  Any  creditor,  who  upon  oath  states  that  assignee  is 
unreasonably  tardy  in  closing  estate,  and  the  same  presented  to  the 
chancellor  of  the  court,  the  assignee  will  be  cited  to  close  in  a  fixed 


COLLECTION  LAWS.  27 

time;  the  costs,  etc.,  of  such  application  are  left  to  the  discretiou  of 
the  court. 

Attachments  of  defendant's  property,  both  real  and  personal, 
exists  in  all  forms  of  actions,  and  held  to  respond  final  judgment 
and  execution.  Bail  on  mesne  process  is  taken  by  the  sheriif,  and  ho 
is  responsible  for  its  sufficiency.  Any  person  disposing  of  property 
under  attachment  or  lien,  is  subject  to  be  fined  not  more  than  $200 
or  imprisoned  in  the  State  prison  for  one  year.  (Jarnishrnent  exists 
in  all  actions  founded  upon  contract,  express  or  implied,  where  the 
claim  sought  to  be  enforced,  and  the  credits  in  the  hands  of  the  trus- 
tee exceed  $10.  Mceciitiojis  are  returnable  in  sixty  days,  and 
must  be  made  from  personality,  if  possible;  if  not,  then  from  realty. 
Heal  estate  is  appraised  by  three  disinterested  freeholders  ;  and 
enough  is  set  out  by  measurement  to  satisfy  the  execution  ;the  debt- 
oj'  in  case  of  realty,  has  six  months  in  which  he  can  redeem  lauds  so 
sold,  and  until  this  time  has  elapsed  the  vendee's  title  does  not  be- 
come absolute.  Insolcency. — Any  person  residing  in  the  State 
may  be  judged  an  insolvent  upon  his  own  petition ;  or,  if  the  debtor 
owes  more  than  $300,  and  commits  an  act  of  insolvency,  upon  the 
petition  of  any  of  his  creditors,  whose  claims  provable  exceed  $250. 
Petition  by  creditor  must  be  filed  within  ninety  days.  FnnuluU'nt 
preferences  are  set  aside  by  the  adjudication  of  insolvency,  if  they 
occur  within  four  months  before  the  filing  of  the  petition ;  and  such 
insolvency  dissolves  all  attachments  upon  mesne  i^rocess  made  with- 
in sixty  days  prior  to  the  filing  of  such  petition.  The  act  ai^pliesto 
all  corporations  created  by  the  laws  of  the  State,  except  railroads 
and  banking  institutions.  The  act  provides  for  the  granting  of  a 
discharge  to  the  debtor  from  all  debts  existing  at  the  date  of  the  filing 
of  the  petition  for  adjudication,  and  in  regard  to  the  efTect  of  such 
discharge,  the  law  provides  that  the  debtor  shall  thereupon  be  abso- 
lutely discharged  from  all  debts  proved  against  the  estate,  and  from 
all  debts  provable  and  founded  on  any  contract  made  by  him  while 
an  inhabitant  of  the  State,  if  made  within  date,  or  to  be  performed 
witiiin  the  same,  or  due  to  any  person  resident  therein  at  the  time 
of  the  filing  of  the  petition  for  adjudication.  The  discharge  does  not 
apply  to  a  fiduciary  debt.  Discharge  is  not  granted  when  assets  are 
not  equal  to  thu'ty  per  cent.,  unless  consent  of  majority  in  numbers 
and  amount  of  creditors  is  filed.     Evidence. — Parties  may  testify, 


28  READY   REFERENCE   MANUAT.. 

except  when  one  party  ia  dead,  being  either  defendant  or  plaintiff,  in 
his  own  behalf. 

Virginia. — Insolvent  debtors  have  the  light  to  make  an  as- 
signment, but  croditoi's  not  willing  to  pavti(di)ate.  are  not  bound 
by  it. 

Attachment. — See  Michigan. 

Wyoming  Territory. — Probate  Comt  has  absolute  jurisdic- 
tion ill  debtor's  assignmoiits.  They  can  be  made  with  or  without 
preferences,  in  the  option  of  the  assignor,  when  fiee  from  fraud, ex- 
cepting too  iniquitous,  wlicn  the  othei'  creditors  can  enter  their  pro- 
test, and  upon  heaving  the  complaint,  the  Judge  of  Probate  rules  in 
the  matter ;  the  usual  inventory,  list  of  creditors,  etc.,  must  be  filed 
for  inspection  ^vith  the  clerk  of  the  court. 

Attachment  may  be  made  against  non-resident  corporations, 
l)ersons  or  companies;  or  in  case  of  fraudulent  contract  or  al)scoiid- 
eis,  etc.;  or  where  any  peison  by  fraud  obligated  to  pay  a  debt  not 
exceeding  $250,  without  other  secui'ity  than  his  personal  ])ledg(>,  not 
paid  upon  demand  willun  ten  days  after  maturity,  an  attachment 
can  be  procured,  and  served  upon  any  personal  or  real  pioperty,  or 
tlie  property  (if  such)  that  this  debt  was  incurred  for. 

Wisconsin. — Assignments  may  be  made,  and  preferences  to 
money  debts,  creditors  representing  estates  of  testacy  or  intestacy 
as  the  Judge  of  the  Probate  directs. 

ATTAcnMP:NTS  may  issue  against  the  property  of  any  person  when 
the  debt  is  under  contract  for  the  sum  of  $50  or  over,  where  it  can 
be  shown  ujion  testimony  that  the  dtbtor  is  leaving  the  Htate,  and 
about  to  remove  his  property,  to  the  injury  of  his  creditors  ;  and  in 
all  cases  of  fraud,  non-residents  and  foreign  corjjorations. 

Washington  Territory. — No  provision  by  statute  for  assign- 
ments. 

Attachments. — See  Montana. 

West  Virginia.— There  is  no  particular  statute  regulating 
assignments;  creditors  can  by  joint  agreement  arrange  with  the 
debtor  by  a  deed  of  composition.  This  deed  is  usually  in  the  form 
of  a  reduction  of  the  claims  pro  rata  on  the  dollar,  and  made  in  in- 
stallments spread  over  a  number  of  months  or  even  years. 

Attachment. — The  same  law  as  in  Virginia. 


COLLECTION   LAWS.  29 


DOMINION  OF  CANADA. 

Province  of  Ontario. — Debtor  abscdJiding  from  the  prov- 
ince with  the  intent  of  dtifrauding  bis  cieditorH,  and  owinj,'  under 
contract  a  debt  not  Iohh  than  !i<100,  a  writ  of  attachment  can  issue 
!if,'ainst  anj'  j)roiierty  real  or  personal  tliat  can  be  found,  but  if  the 
debtor  has  property  sufficient  if  taken  under  such  attachment  to 
satisfy  the  debt  claimed,  no  arrest  of  his  body  can  be  made.  The 
Superior  High  Court  of  Justice  judges,  if  in  term,  issue  these 
capias  writs  in  the  neighborhood  of  Osgood  Hall  at  Toronto  ;  and 
the  County  Court  judges  in  other  parts  of  the  province.  Garnishee 
process  can  be  served  where  money  debts  aj'o  involved,  but  in  no 
case  does  the  writ  accompany  a  right  of  seizure  or  detention  of  the 
property,  except  after  trial  thirty  days  in  superior  claims,  and  four- 
teen days  in  minor  claims;  a  lispendance  can  be  filed  in  the  regis- 
try otHce,  where  land  is  involved ;  and  i^ersons  usually  buying  land 
are  notified  of  such  pending  suits  in  law  against  the  vendee,  by  the 
same  being  tiled  in  the  clerk  of  the  court's  office.  Taxes  and  rent 
take  precedence  of  all  other  executions  of  claims  whatsoever. 

Assignments. — The  law  provides  under  a  statute  of  the  province 
that  an  insolvent  debtor  can  assign  his  estate  ;  all  secured  creditors 
are  preferred,  all  others  share  alike  in  the  proceeds  of  the  liquida- 
tion. Assignee  must  give  security  in  a  bond  of  two  freeholders,  in 
double  tlie  value  of  the  assets  of  the  estate ;  in  other  respects  he  is 
under  the  supervision  of  the  statute,  and  is  expected  to  make  all 
cfForts  for  a  quick  settlement  of  the  estate.  He  has  power  to  bring 
the  personality  to  an  immediate  auction  sale  or  sell  after  appraisal 
to  2)rivate  persons. 

Province  of  Quebec. — Before  judgment  may  issue  attach- 
ment may  be  made  in  the  following  cases:  (1)  upon  affidavit  of  a 
personal  indebtedness  over  $5,  and  that  defendant  absconds,  se- 
cretes huuself,  or  is  immediately  going  to  abscond  or  secrete  his 
efleets  with  intent  to  defraud,  or  that  defendant  is  a  trader,  is  noto- 
rit)usly  insolvent,  and  has  refused  to  arrange  with  his  creditors  or 
make  assignnumt  to  them  or  for  their  benefit,  and  still  carries  on 
his  business,  and  in  either  case  that,  without  the  benefit  of  such  at- 
tachment, plaintiff  will  lose  his  debt  or  sustain  damage;  (2)  on  liciui- 


30  READY   REFERENCE    MANUAL. 

dated  damages,  and  upon  affidavit  as  to  the  nature  and  amount  and 
causes  which  gave  rise  to  them,  and  with  judge's  order.  On  cause 
shown,  attachment  may  issue  in  and  pending  suit  previously  taken  ; 
rents  in  all  cases  take  precedence. 

Assignments. — The  same  as  Ontario,  by  deed  of  composition  or 
by  general  pro  rata  distribution  of  proceeds  of  estate,  subject  to 
secured  or  preferred  claims. 

Nova  Scotia. — Assignments  not  voluntary,  only  after  suits 
or  upon  the  demand  of  creditors  whose  claims  in  the  aggregate 
amount  to  .f  500.  When  made,  the  procedure  is  the  same  as  in  the 
winding  up  of  an  intestate  estate. — (See  wills  and  administration  of 
this  province.) 

Attachments. — The  same  as  in  the  Province  of  Ontario. 

New  Brunswick. — The  insolvency  act  regulates  all  debtors' 
estates.  Preferential  claims  for  money  debts,  secured  debts,  taxes 
and  rent  are  allowed. 

Attachment  writs  issue  only  against  the  property  of  non-resi- 
dent debtors  or  absconders. 

Manitoba,  Northwest  Territories,  and  British  Colum- 
bia.— -The  same  in  substance  for  both  assignments  and  attachments 
as  the  Province  of  Ontario.  But  the  regulations  of  the  courts  differ 
somewhat  in  the  limit  of  jurisdiction. 


PART  11— CHAPTER  I. 

Pi-o|M'it.v  tliat  is  F,.\i'ni]it  from  Exccutidii  in  each  State  ami  TtTiitory  in  tin; 
Unitt><l  Stat«'s,  ami  in  cacli  Pidviiicc  of  the  Uoniiiiion  of  ("aiiaiia,  aioiij^ 
with  tiu'  Statutes  of  Limitations;  Kivinj;  the  time  tliat  all  Uehts,  either 
Oral  or  Under  (.'ontract,  beeoine  (Jutlawod;  also  the  Recovery  of  Title 
to  Ki'al  Property. 

EXEMPTION  AND  LIMITATION  I.AWS. 

Alabama. — Personal  property  to  the  value  of  $1000;  a  homo- 
stead  recorded  under  the  "  Homestead  Act,"  not  exceeding  IGO 
acres  of  agricultural  lands ;  or  a  village,  town  or  city  lot  and  house, 
not  exceeding  in  value  $2000. 

Limitations. — Bills  and  book  accounts  three  years;  actions  of 
contract,  tiespass,  damages,  or  arrears  of  rent,  not  under  seal,  six 
years;  actions  of  contracts  under  seal,  for  recovery  of  land  or  money, 
ten  years. 

Arizona. — For  exemptions  and  limitations,  see  California. 

Colorado. — Property  designated  as  a  homestead  is  exempt  to 
the  value  of  $'2000.  Household  furniture,  farm  utensils,  and  live 
stock,  professional  instruments  and  library,  to  the  value  of  $300.' 

Limitations.— Promissory  notes,  bills  of  exchange,  accounts, 
agreements,  if  accruing  within  the  State,  must  be  sued  within  six 
years;  reciovery  of  title  to  real  estate,  ten  years;  courts  of  record, 
judgments  by  renewal  every  six  years,  can  be  kept  revived  for 
twenty  years. 

Connecticut. — Exemptions  allowed  by  law  are  as  follows: 
Necessary  apparel  and  bedding,  household  furniture  necessary  for 
supporting  life,  arms,  military  equipments,  uniforms,  musical  instru- 
ments used  for  miUtary  purposes,  pension  monies,  implements  of 
debtor's  trade,  library  to  the  value  of  $500,  one  cow,  ten  sheep,  two 
swine,  200  tl)s.  of  pork,  and  if  debtor  has  wife  and  family,  25  bushels 
of  charcoal,  two  tons  of  other  coal,  200  tbs.  of  wheat  flour,  two  cords 
of  wood,  two  tons  of  hay,  200  lbs.  each  of  beef  and  fish,  five  bushels 
each  of  potatoes  and  turnips,  ten  bushels  each  of  Indian  corn  and 
rye,  24  lbs.  each  of  flax  and  wool,  one  stove  and  pipe,  horse  of  prac- 


82  KEAUY    KEFEUENCE   MANUAL. 

ticinjif  physician  not  excceiling  $200  iu  value,  and  saddle,  bridle, 
harnesrt  and  bugj,'}',  one  boat  used  by  owner  in  busincsH  of  planting 
or  taking  oysters,  clnnis  or  sliad,  and  not  exceeding  $'2()0  in  value  ; 
one  sewing  machine,  one  pew,  and  lots  in  cemetery.  Debts  accruing 
by  reason  of  personal  service  to  the  amount  of  $10  if  single,  or  *!25 
if  married,  are  exempt  from  garnishment,  except  that  in  suits  for 
provisions  and  necressaries  $10  only  are  exempt,  and  in  suits  for 
board  nothing  is  exemi)t.  Benefits  allowed  by  benevolent  societies 
are  always  exempt. 

Li.MiTATioxs. — Actions  in  ejectment  must  bo  commenced  within 
Jiftttn  i/e(trsA\'U'r  right  to  land  accrues,  except  in  case  of  disabilities, 
when  five  years  after  the  disabilities  arc  n-movcd,  are  allowed;  on 
specialties  under  seal  and  non-negotiable  promissory  notes,  within 
seve7iteeti  years  after  right  ac(^rues  ;  on  book  account,  debt  on 
simple  contracts,  assumpsit,  implied  contracts,  and  contracts  in 
writing  not  unch'r  seal,  except  promissory'  notes  not  negotiable, 
within  six  years  ;  a  j>artial  payment  or  un(pialiticd  promise  to  pay, 
tliongh  not  in  writing,  will  revive;  the  contract.  Tres])ass  on  the 
case  must  be  brought  within  six  years.  Actions  on  oral  contracts, 
other  than  those  proper  for  book  debts,  action  of  trespass,  and  ac- 
tions on  the  case  for  words,  within  three  years.  Scire  facias  against 
garnishee,  within  one  year.  Action  for  forfeiture  under  penal  code, 
within  one  year.  Action  on  bonds  against  surety  in  any  civil  con- 
tract, action  for  prosecution  or  appeal,  within  one  year  after  Judg- 
ment in  the  suit  in  which  they  were  given.  Civil  actions  against 
sheriir  or  constal)le  fcjr  default  in  office,  within  two  years.  Against 
railroad  companies:  See  damages  against  railroads.  In  all  cases  of 
time  computation,  the  period  of  non-residence  from  the  State  is 
deducted. 

California. — The  propeity  exempt  from  execution  and  attach- 
ment is,  viz: — Chairs,  desks,  etc.,  |!2()0;  necessary  household  fur- 
niture, including  sewing  machine  and  wearing  apparel;  three  cows 
and  calves,  four  hogs  and  litter,  and  necessary  food  for  same  for 
one  month;  farming  utensils;  also  two  oxen  or  horses,  or  nudes 
(farmer's)  with  harness  and  one  cart  or  wagon;  also  all  seed  of 
value  of  $200  actiuilly  provided  for  use  within  six  months;  seventy- 
five  bee  hives  and  bees;  horse  and  vehicle  belonging  to  cripple, 
when  necessary  for  his  business;  tools  of  mechanics;  instruments  of 


EXEMPTION   AND   LIMITATION   LAWS.  33 

8iir<j:(M)ii,  <k'iiti.st,  pliysici:ui,  or  surveyor;  profcssioiml  libiarios; 
iiniHii'Jil  iiistniiiu'iits  iistd  in  iiistruction  -jfivcn  fur  :i  livoliliootl;  cabin, 
Sir.,  of  \nhwv,  not  I'xci'ciling  s&uOO,  also  liis  inai'liintTV,  ^ooo,  ami 
t\v(.  horses  or  nuiles  ami  harness,  one  month's  food  for  same  when 
used  in  wliiin,  .lerriek,  il'c.,  and  niiiiinj:  ehiiin  aetnaliy  worked  hy 
him  to  vahie  of  *10(i();  veliieh'S  and  animals  actually  used  by  dray- 
men, peddlers,  &('.,  in  i.rosccutinijr  their  business;  carnin;,'s  of  ju<l«,'- 
menl  debtor  within  Hiirty  days,  when  it  appears  that  same  is  neces- 
sary for  support  of  family,  but  wlure  debts  ineurri  d— for  neces- 
saries, (»ne-half  is  liable;  shares  held  in  incorporate<l  homestead 
associations  to  vahie  of  *il()()<)  (or  a  homestead  to  the  value  of  *"),- 
(•(10;  all  money  privileges,  etc. 

Li.Mii'Ai  IONS. — Jndninents  or  decrees  of  any  of  the  Tnited 
.States  or  State  within  the  I'nited  States,  ^fi,iie  years  ;  four  ycar»u\\ 
contract,  etc.,  founded  on  instrument  in  writinij  executed  in  this 
State;  three  years  on  statute  liability  other  than  penalty  or  for- 
feiture bonds;  for  trespiiss,  for  taking,  detaining,  or  injuring  per- 
sonal property,  including  replevin  or  claim  jind  delivery;  for  relief 
on  grounds  of  frainl  or  mistake,  cau.se  of  action  not  arising  until 
discovery  of  framl,  etc. ;  tiro  years  on  ol)ligation  not  in  writing  or 
on  instrument  of  writing  executed  out  of  the  Slate;  action  against 
oflicer,  etc.;  nxe  year  various  cases  affecting  commercial  matters, 
and  for  libel  and  slander;  six  9)io?tths  to  recover  goods,  etc.,  sei/.eil 
by  any  oilicer  in  his  oHicial  cajiacity  as  tax  collector,  etc.;  to  w- 
cover  stock  sold  for  delinquent  assessments.  No  limitations  against 
b.inkers  or  banks  for  deposits;  if  deposits  arc  a  liundre<l  years  with- 
(»ut  being  claimed,  the  lawful  cl;iimant  can  obtain  the  principle  and 
interest.  Four  years  in  all  other  actions  not  enumerated  in  the 
foregoing. 

Dakota. — Kxein|>tions  are  as  follows: — ^A  homestead  not  over 
one  acre  in  a  town  plot,  ami  not  o\-cr  lOO  acri's  outside,  upon  which 
is  not  nH)re  than  one  dwelling-house  and  other  necessary  buildings 
occupied  by  a  family  (of  at  least  three)  is  exem]it;  also,  goods' 
chattels,  merchandise,  numey  or  other  pi'rsonal  property  not  to  ex- 
ceed in  the  aggregate  -$1,.500  in  value;  or  in  lieu  thereof  various 
specified  articles  and  personal  property  not  to  exceed  in  addition 
*1,50(). 

Limitations. — For  recovery  of  posses.sioii,  title  or  other  real 


34  READY   REFFFIFNTE   MANUAL. 

cHt.ate  iU'tioriH,  twenty  years ;  iiott-H,  Itills  of  t'xiiliaiifjfc,  other  than 
ri'iil  estate  deeds,  seaK-d  agreements,  ordinary  contracts,  darnajjes" 
for  fraud,  personal  injury,  six  years;  oral  debts,  accounts,  penalties 
under  honds,  et(!.,  three  years. 

District  of  Columbia. — 'I'he  property  exempt  from  exocti- 

tion  and  altaclinient  is  as  follows: — All  wearini;  apparel,  household 
furniture  <d'  the  value  of  ijfiloo;  implements  of.  the  debtor's  trade  or 
business,  of  )J200  in  value;  with  !»(l'0()  worth  of  stock  for  carrying 
on  the  business  of  his  calling;  the  library  or  implements  of  a  pro- 
fessional man  or  artist  to  the  value  of  ^-ioo. 

LiMrr.vTioNs. — All  actions  on  simple  contracts,  case,  debt, 
replevin,  etc.,  must  be  brought  within  three  years  after  the  time 
when  such  cause  of  action  accrued;  and  upon  bill,  bon<l,  judgment, 
recognizance,  or  other  specialty,  within  twelve  years. 

Judgments  of  Justices  of  the  Peace  ar»'  barred  after  the  lapse 
of  three  years.     No  exceptions  in  favor  of  absent  parties. 

Florida. — Exemption  of  property  to  each  head  of  a  family: 
(I)  1(50  acres  of  land  not  situated  within  any  corporate  town  or  city; 
or  one-lialf  of  one  acre  within  such  corporate  limits,  an<l  including 
the  home  improvements,  ami  place  of  business;  (2)  ijdooo  worth  of 
personal  property  to  be  selected  by  the  debtor,  one  set  of  tools  of 
mechanic's  trade,  books  of  a  professional  man,  etc.,  to  the  value  of 
^300,  to  single  persons;  also  necessary  wearing  apparel. 

Limitations. — Actions  to  recover  lands,  seveit  years.  Cove- 
ature,  infancy  or  insanity  prevents  the  running  of  the  statute  while 
such  disability  exists.  Actions  upon  judgment  or  decree  of  any 
court,  state  or  federal,  or  upon  any  instrument  under  seal,  twenty 
years  ;  injury  to  real  or  personal  property,  damages  or  fraud,  begin- 
ing  from  its  discovery,  breach  of  written  contract,  not  under  seal, 
tliree  years.  All  contracts,  agreements,  bills,  notes,  and  promises  in 
writing  for  the  payment  in  money,  not  under  seal,  fioe  years.  Ac- 
tions to  recover  the  value  of  goods,  as  on  a  merchant's  acctnint, 
four  years.  Non-residence  in  the  State  bars  the  running  of  the 
statute  in  any  of  the  before  named  causes. 

Georgia. — Every  liead  of  a  family,  every  aged  or  infirm  per- 
son, or  persons  liaving  care  and  support  of  dependant  females  of 
any  age,  who  is  not  head  of  a  family,  or  guardian,  or  trustee  of  a 


EXEMPTION   AND   LIMITATION    LAWH.  85 

family  of  minor  chiMivn,  Ih  I'lititii'd  to  a  ]u>mvstvn<\  of  realty  or 
|.fis(»iialty,  or  l.otli,  to  tlic  valin'  in  tlic  JVi;K«'t'gi*t<'  "'"  *', •><»'••  (^«'«' 
aiiu'iidmciit  in  llu-  foiistitiitioii  of  tliis  Statt'  of  the  K'j^islaturc'  of 
1^77.) 

LiMiTATioNrt.— For  opcti  accounts,  foitr  yearn  ;  notes,  etc.,  six 
years  ;  jiulLtmciits  to  lie  kept  open  and  retain  their  lien  must  have 
execution  issued  thereon  within  »ei'en  years,  or  they  ln'coine  clor- 
maul.  P]xecutioh  must  l»e  levied  or  have  some  entry  made  thereon 
l.y  the  sheriir  or  other  niiidsterial  oHicer  every  neven  ymrs,  or  judj,'- 
nienl  heeomes  dormant.  Dead  judgments  may  he  revived  within 
t/iTtc  i/i'(trs.  A  promise  to  renew  or  revive  the  debt  must  be  in 
writing,  in  tiie  handwriting  of  the  debtor,  (»r  signed  by  hiu  agent  or 
attorney. 

Idaho. — Tiie  exemptions  are  as  follows: — chairs,  tal)les,  desk, 
books,  t<)  value  of  !»! !(»(»,  lu'cessary  household,  table  and  kitchen 
furniture  of  debtor  and  provisions  needed  for  use  of  family;  the 
farming  utensils,  implements  of  husbandry  of  debtor;  also  two  oxen, 
ur  two  horses',  or  two  mules  and  their  harness,  two  eows,  one  cart  or 
wagon,  and  food  for  sueh  oxen,  horses,  or  nudes,  for  three  months; 
seed  grain  for  purposes  (»f  planting  to  the  value  of  ^-JOt);  tools  and 
implenu'iits  of  nuMthanie  necessary  to  carry  on  his  trade;  instru- 
ments of  surgeon,  pliy.sician  or  surveyor  and  dentist,  ami  profes- 
sional men's  libraries. 

Limitations. — Actions  mubt  be  commenced  within  three  years 
on  an  open  account  for  goods  sold  and  delivered ;  same  on  an  open 
mutual  and  current  account,  and  on  any  contract  or  obligation  not 
founded  on  a  written  instrument :  no  now  promise  will  revive  these 
obligations  when  once  barred  uidess  a  payment  on  account  has  been 
made  by  the  debtor. 

Illinois. — Exemptions  of  homestead  to  the  extent  in  value  of 
$1000  ;  the  exemption  extends  to  the  husband  or  wife  surviving, 
and  to  the  children  until  the  youngest  becomes  twenty-one  years  of 
age  80  long  as  they  occupy  the  homestead  :  but  this  exemption  does 
I  not  extend  to  the  non-payment  of  taxes  or  for  debt  or  liability  in- 
curred in  the  purchase  or  improvement  of  the  homestead.  This 
exemption  may  be  waived  by  deed,  properly  acknowledged.  The 
proceeds  of  a  sale  of  the  homestead  to  the  extent  of  $1000  are  ex- 
empt for  one  year.     The  following  personal  property  is  exempt ; 


36  HEADY   UEFEllENCE  MANUAL. 

the  necessasy  wearing  apparel.  Bibles,  school  books  and  family  pic- 
tures of  every  person,  and  $100  worth  of  other  property,  to  be  se- 
lected by  tlie  debtor.  The  debtor  must  make  schedule  of  his  prop- 
erty and  deliver  to  officer,  the  property  is  then  appraised  by  three 
householders,  and  the  debtor  selects  his  exemi)tions.  If  the  head 
of  a  family  shall  die, 'desert,  or  nok  eside  with  the  same  family,  they 
shall,  as  though  he  did  reside  with  them,  be  entitled  to  the  full  ex- 
emptions. No  personal  property  is  exempt,  when  the  debt  claimed 
is  for  wages. 

Limitations. — A  judgment  of  a  court  of  record  is  a  lien  upon 
real  estate  of  the  debtor  in  the  county  where  the  court  is  held  for 
seven  years.  If  execution  is  not  issued  within  one  year  from  the 
rendition  thereof,  it  ceases  to  be  a  lien  thereafter,  but  execution  may 
issue  at  any  time  within  seven  yeurs,  and  will  be  a  lieu  from  the  time 
it  is  delivered  to  the  slierift".  Judgments  rendered  at  the  same 
term  of  court  shall  be  all  alike,  no  precedence.  Judgments  may  be 
revived  within  twenty  years.  Judgments  may  be  confessed  in  per- 
son or  by  attorney  duly  authorized.  Actions  on  evidence  of  indebt- 
edness in  writing  must  be  brought  within  ten  years  next  after 
cause  of  action  arising  after  payment  or  new  promise  in  writing. 
Actions  or  unwritten  contracts  must  be  commenced  \yithiu  ,/i>}e  years 
after  the  cause  of  action  accrued.  Justice  Courts  have  jurisdiction 
in  all  cases  when  the  amount  claimed  does  not  exceed  $200.  Sum- 
mons is  returnable  in  five  days.  Execution  can  be  issued  forth- 
with, but  twenty  days  is  allowed  for  appeal.  No  pleadings  by  brief 
re(^uired. 

Iowa. — If  the  debtor  is  a  resident  of  the  State,  and  is  the 
head  of  a  family,  he  is  entitled  to  the  following  exemptions  from  at- 
tachment, execution  or  trustee :  A  homestead,  consisting  of  not 
more  than  forty  acres  of  land  in  countrj',  or  city  lot  not  exceeding 
one-fourth  acre  with  improvements,  provided  it  has  been  acquired 
or  assumed  by  a  head  of  a  family  when  not  burdened  with  debts 
and  judgments  ;  all  wearing  apparel  of  himself  and  family  kept  for 
actual  use  and  suitable  to  their  condition,  and  the  trunks  and  other 
receptacles  necessary  to  contain  the  same ;  one  musket,  or  rifle  and 
shot  gun ;  all  private  libraries,  family  Bibles,  portraits,  pictures, 
musical  iustiuments  and  [)aiutings  not  kept  for  the  purpose  of  sale  ; 
a  seftit  or  pew  wcupied  by  the  debtor  or  his  family  in  any  house  of 


EXEMPTION   AND   LIMTTATION   LAWS.  37 

public  worship ;  an  interest  iu  a  public  or  piivute  burying'  ground 
not  exceeding  one  acre  for  any  defendant ;  two  cows  and  calf;  one 
lior.se,  unless  a  horse  is  exempt  as  hereinafter  i)rovided  ;  fifty  sheep 
and  the  wool  thereon :  six  stands  of  bees,  live  hogs  and  ail  pigs 
under  six  months ;  th«  necessary  food  for  all  animals  mentioned  for 
six  monllis  ;  all  fiax  raised  by  defendant  on  not  exceeding  one  acre 
of  ground,  and  the  manufactures  therefrom  ;  one  bedstead  and  the 
necessary  bedding  for  every  two  in  the  family  ;  all  cloth  manufac- 
tured by  the  defendant  not  exceeding  one  hundred  yards  in  (juantity; 
household  and  kitclien  furniture  not  exceeding  !?200  in  value  ;  all 
spinning  wheels  and  looms  ;  one  sewing  machine  and  other  instru- 
ments of  doijiestic  labor  kept  for  actual  use  ;  the  necessary  provis- 
ions and  fuel  for  the  use  of  the  family  for  six  mouths;  the  proper 
tools,  instruments  or  books  of  the  debtor  :  if  a  farmer,  mechanic, 
surveyor,  clergyman,  lawyer,  physician,  teacher,  or  professor,  the 
horse  or  the  team,  consisting  of  not  more  than  two  horses  or  mules 
or  two  yoke  of  oxen,  and  the  wagon  or  other  vehicle,  with  the 
proper  harness  or  tackle,  by  the  use  of  which  the  debtor,  if  a  phy- 
sician, public  oHficer,  farmer,  teamster,  or  other  laborer,  habitually 
earns  his  living ;  and  the  debtor,  if  a  printer,  there  shall  also  be  ex- 
empt a  printing  press  and  the  typo,  furniture  a)id  material  neces- 
sary for  the  use  of  such  printing  press  and  a  ne  •,  spaper  office  con 
nected  therewith,  not  to  exceed  in  all  the  value  of  !?120() ;  there  shall 
bo  exempt  to  an  unmarried  person  not  the  liead  of  a  family,  and  to 
non-residents,  their  ordinary  wearing  apparel  and  trunk  necessary 
to  contain  the  same.  AVhere  the  debtor,  if  the  head  of  a  familv 
has  started  to  leave  this  State,  he  sliall  have  exempt  only  the  ordi- 
nary wearing  apparel  of  himself  and  family,  and  such  other  property 
in  addition  as  he  may  select,  in  all  not  exceeduig  $75  in  value, 
which  pro])orty  shall  bo  selected  by  the  debtor  and  ap])raised  ac- 
cording to  law  ;  but  any  person  coming  into  this  State  with  the  in- 
tention of  remaining  shall  be  considered  a  resident  within  the 
meaning  of  the  law.  None  of  the  exemptions  prescribed  in  this 
cliapter  shall  be  allowed  against  executions  issued  for  the  purchase 
money  of  the  property  claimed  to  bo  exempt,  and  on  which  such 
execution  is  levied.  The  husband  is  the  head  of  the  family,  the  wife 
becomes  so  at  his  death ;  a  son  having  a  motlier  or  sisters  and 
brothers  to  sujiport,  becomes  also  such  head. 


38  READY   REFERENCE   MANUAL. 

Limitations. — Actioiib  for  iujuriea  to  I  jb  person  or  reputation, 
or  for  statute  penalty,  must  be  brought  within  two  years;  to  enforce 
a  mechanics'  lien  two  years;  against  a  sheriff  or  other  public  officer 
three  years ;  those  founded  on  unwritten  contracts  fire  years,  on 
written  contracts  ten  years;  those  founded  on  judgment  of  a  court 
of  record,  whether  of  this  or  any  other  of  the  United  States  or  Fed- 
eral Courts  in  the  United  States,  twenty  years;  notes  are  barred  in 
ten  years  after  date.  To  renew  a  note  outlawed,  it  must  be  in  writ- 
ing, signed  by  the  payor ;  endorsing  a  payment  on  a  note  by  the 
holder,  after  the  note  is  barred,  will  not  renew  it ;  one  not  a  payer, 
assignee  or  endorser  of  a  note,  who  writes  his  name  on  the  back  of 
it,  is  a  guarantor.  A  note  taken  by  a  purchaser  after  due,  accepts 
it  subject  to  all  the  original  defences  of  its  maker.  Judc/rnevds  dock- 
eted in  the  office  of  the  clerk  of  the  county  become  liens  upon  the 
real  estate  of  the  defendant.  Justice  Courts  have  jurisdiction  to 
the  extent  of  $100,  and  by  agreement  of  parties,  up  to  )?H00.  A 
judgment  in  this  court  is  good  for  ten  years,  and  iilii.g  same  in  Cir- 
cuit Court  keeps  it  alive  for  twenty  years  longer;  there  is  no  appeal 
from  a  Justice  Court  when  the  amount  is  under  $2.'). 

Indiana. — Exemptions  to  resident  householders,  of  any  prop 
erty  they  may  select  to  the  value  of  $600.  This,  however,  only 
applies  to  debts  founded  on  contract,  express  or  im]^lied,  entered 
into  since  May  SO,  1879,  and  does  not  affect  any  laborer's  or 
mechanic's  lien,  nor  lien  for  the  purchase  money  of  the  real  estate 
exempted.  Upon  contracts  prior  to  that  date,  the  exemption  is  only 
$300. 

LniiTATioNS. — Accounts  and  unwritten  contracts,  six  years; 
contracts  in  writing,  judgments  of  courts  of  record,  and  for  the  re- 
covery of  title  or  possession  of  real  estate,  tvienty  years. 

Ileal  Estate  sold  under  power  of  sale,  in  mortgage  or  by  an  ex- 
ecution of  the  courts,  can  be  redeemed  within  a  year  thereafter  upon 
payment  of  all  costs  and  ten  per  cent,  interest.  Deeds  or  mortgages 
att'ectiiig  real  estate  must  be  recorded  within  forty-tive  days  ;  they 
are  good  between  the  parties  thereto,  but  not  against  another  person. 

Kentucky. — A  resident  housekeeper  with  a  family  is  entitled 
to  exemj)tion  from  levy  of  any  execution,  attachment  or  trustee  pro- 
cess, as  follows :  Two  work  beasts,  or  one  beast  and  yoke  of  oxen, 
two  cows  and  calves,  certain  farming  utensils,  and  household  furui 


EXEMPTION   AND   IJMITATION  LAWS.  89 

ture,  Bible,  books,  provisiouB  for  family  aud  pioveuder  for  beastb, 
exempt,  sufficient  for  one  year ;  mcchauics'  tools  of  the  value  of 
$100,  lawyers',  physicians'  and  ministers'  professional  libraries  of 
value  of  $500,  sewing  machine  belonging  to  any  spinster  or  other 
female.  There  is  in  addition  to  all  of  this  under  the  Homestead 
Laws,  the  right  to  buy  during  solvency  a  homestead  to  the  value  of 
$1000. 

Limitations. — An  action  upon  a  judgment  or  decree  of  a  court, 
(the  period  to  be  computed  from  the  date  of  the  last  execution 
thereon)  upon  a  recognizance,  bond  or  written  contract  upon  the 
official  bond  of  any  court  officer,  j^ersonal  representative,  guardian, 
etc.;  upon  a  bond  or  obligation  for  the  payment  of  money,  and  for 
the  recovery  of  real  estate,  must  be  brought  within  fifteen  years 
from  the  time  the  right  of  action  accrues ;  upon  negotiable  paper, 
or  promissory  notes  negotiable,  upon  an  account  of  trade  between 
merchants,  or  for  relief  on  account  of  goods  sold  under  fraud  or 
uiistake,  within  five  years;  for  injury  to  person,  etc.,  within  two 
years;  upon  a  merchant's  account  for  goods  sold  within  two  years 
after  the  Ist  of  Januarj'  next,  after  articles  delivered  ;  for  excess  of 
interest  paid  over  legal,  one  year. 

JauuIs  sold  under  executh?). — There  is  one  j-ear  after  sale,  in 
which  the  defendant  can,  upon  payment  of  the  legal  interest  (six  per 
cent.),  redeem  the  same.  The  same  time  is  given  is  cases  of  mort- 
gage sales. 

Louisiana. — Exemptions  allowed  includes  a  homestead,  rural 
or  urban,  bona  fide,  owned  and  occupied  by  debtor,  who  may  be  the 
head  of  a  family,  or  person  having  a  mother  or  father,  or  person  or 
persons  dependant  upon  him  or  her  for  support ;  also  one 
work  horse,  one  wagon  and  cart,  one  yoke  of  oxen,  two  cows, 
and  calves,  twenty-five  head  of  hogs,  or  1,000  pounds  of  bacon  or 
its  etpiivalent  in  pork,  whether  exempted  objects  be  attached  to 
homestead  or  not,  and  on  the  farm  the  necessary  corn  and  fodder 
and  farming  implements,  of  the  value  of  $2,000.  Husbands  home 
stead  is  not  exempt,  if  his  spouse  has  $2,000.  Claimed  exemptions 
iiujst  be  set  apart  and  recorded  as  such.  Exemptions  do  not  apply 
where  part  of  the  debt  is  for  pur<^hase  money  of  the  exempted  home 
or  articles  enumerated  ;  or  for  labor  or  material  furnished  for  build- 
ing or  repairing  the  homestead  property  ;  for  liabilities  incurred  by 


40  READY    UEFEUENCE   MANUAL. 

auy   public  ollicer,  or  fiduciaiy  olKcer,  or  auy  attorney-at-law  for 
money  collected  or  received  on  deposit,  and  for  claims  of  taxes. 

Limitations. — One  year  bars  innkeepers  on  account  of  lodging 
or  board  ;  retailers  of  liquors ;  workmen,  laborers  and  servant  for 
wages ;  freight  of  ships ;  and  ijayment  of  officers  and  crew  from 
completion  of  voyage  ;  supplies  in  construction  or  provisioning  of 
a  vessel;  actions  for  injurious  words,  or  damages  ;  for  possession 
or  title  of  land  ;  for  delivery  of  merchandise  shipped  on  vessels  ;  for 
damages  sustained  to  merchandise  from  collision  on  vessels,  lliree 
years  bars  as  follows  : — Money  lent ;  salaries  of  clerks,  etc.;  all  open 
accounts,  l^^'ivt,  years  bars  :  actions  on  notes,  bills,  and  all  instru- 
ments negotiable  or  transferable  by  delivery  ;  actions  for  rescission 
of  contracts  ;  informalities  growing  out  of  auy  public  sale.  Ten 
years  bars  :  all  personal  actions  in  general ;  judgments  and  stated 
accounts. 

Judgments. — From  the  courts  recorded  in  the  recorder  of  liens' 
office,  is  good  for  ten.  years,  and  must  then  be  revived  by  suit  or 
reinscribed.  Upon  all  goods  or  everything  sold  the  seller  has  alien 
thereon,  but  the  same  is  not  good  against  a  third  person  unless  record- 
ed in  the  recorder  of  liens'  office  within  six  days  after  sale  (it  amounts 
to  a  mere  noting  of  the  article  to  whom  and  by  whom  sold  and  the 
price,  credit  and  any  other  special  conditions  of  the  sale) ;  Property 
sold  for  cash  and  not  paid  for  in  eight  days,  the  seller  can  seize 
them  wherever  found. 

Maryland. — The  following  property  is  exempt  from  attach- 
ment and  execution  :  Wearing  apparel,  books  and  mechanics'  tools, 
not  exposed  for  sale,  and  55100  in  value  of  other  household  or  other 
property,  to  be  selected  by  the  debtor. 

Limitations. — All  simple  contract  debts  are  barred  by  limitation 
after  the  lapse  of  three  years ;  Executions  may  issue  any  time 
within  three  years  after  rendering ;  they  live  for  twelve  years  ;  but 
any  subsequent  payment  or  written  acknowledgment  of  the  debt 
from  the  defendant,  revives  the  debt. 

Massachusetts. — Exceptions  allowed  under  the  codes  of  this 
Commonwealth  are  as  follows  :  Clothing  for  debtor  and  liis  family, 
$1100  worth  of  household  furniture,  necessary  beds  and  bedding, 
ouo  stove  and  $20  worth  of  fuel,  one  sewing  machine,  library  not  to 


EXEMPTION  AND   LIMITATION  LAWS.  41 

exceed  $50  in  value,  oue  cow,  six  sheep,  one  swine,  two  Ions  of  hay, 
tools,  implements  and  fixtures  necessary  to  the  debtor's  trade,  to  the 
value  of  $100,  stock  in  trade  to  the  value  of  $100,  $50  wortli  of 
jnovisions,  a  fisherman's  boat,  nets  and  tackle,  worth  not  over  $100, 
rights  of  burial,  and  tombs  used  as  repositories  for  the  defcd.  Heads 
of  families  can  own  a  homestead  to  the  value  of  $800,  which  is  not 
terminated  by  the  death  of  the  husband,  or  by  the  death  of  the  wife 
or  the  removal  of  children. 

Limitations. — Ordinary  debts,  as  open  accounts,  notes  and  bills, 
do  not  outlaw  for  six  yearn  ;  A  note  signed  in  the  presence  of  an 
attesting  witness  is  not  outlawed  until  the  expiration  of  tiveiity  years; 
(that  is  if  said  witnessed  note  remains  in  the  hands  of  the  original 
payee  or  his  estate.)  A  court  judgment  does  not  constitute  a  judg- 
ment or  lien  upon  a  debtor's  property  unless  a  levy  has  been 
made,  and  does  not  outlaw  for  txoeidy  years. 

Michigan. — rkemptions  are  as  follows :  (1)  Real  Estate,  a 
homestead  not  exceeding  in  value  $1,500,  consisting  of  not  more 
than  forty  acres  of  farm  lauds,  or  one  village,  town  or  city  lot. 
I'ersonal  Property :  Spinning  wheels,  loom,  stoves  used,  seat  in 
church,  burial  lots,  arms  required  by  law  to  be  kept,  all  wearing 
apparel,  all  family  pictures,  library  not  exceeding  !5l50  in  value, 
tools,  implements,  stock  apparatus,  team  vehicle,  horses,  harness  or 
other  things  to  enable  a  person  to  carry  on  his  principal  business, 
not  exceeding  $250  in  value  ;  a  sufficient  quantity  of  food  for  six 
months  for  live  stock  exempt ;  one  sew  mg  machine  ;  to  each  house- 
holder ten  sheep  and  fleeces,  two  (!ows,  five  swine,  family  provisions, 
and  fuel  for  six  months,  and  also  all  householders'  goods  and  fur- 
niture not  exceeding  $250.  Any  chattel  mortgage,  bill  of  sale,  or 
lien  on  exempt  property,  except  tools  of  trade,  is  void,  unless  wife 
joins  in  its  execution. 

Limitations. — Actions  of  contracts,  wrongs,  etc.,  must  be 
brought  within  six  years;  slander  and  libel  within  two  years;  on 
open  accounts,  from  last  item  charged,  six  years;  on  bonds,  ten 
yean.  New  promises  must  be  in  writing.  Actions  relating  to  land 
must  be  brought  within  tioenty  years;  if  right  accrued  since  1863, 
within  fifteen  years;  by  minors,  j)erson8  insane,  or  employed  on 
the  high  seas,  etc.,  within  fii^e  years  after  removal  of  disability  ;  on 

8 


42  READY  REFERENCE   MANUAL. 

moit^'iiges,  twe?itt/  years  after  due  or  last  paj meut.  All  court  of 
record  judgments  exists  ten  years;  justice  court  judgments,  six 
years;  all  judgments  can  be  kept  alive  by  renewal  in  the  proper 
offices  ;   justice  courts  have  jurisdiction  to  the  amount  of  $300. 

Minnesota. — The  following  are  the  exemptions  allowed:  Fam- 
ily bible,  family  pictures,  school  books,  or  library,  musical  instru- 
ments for  use  of  family,  a  seat  or  pew  in  any  place  of  worship,  a 
lot  in  any  burying  ground,  all  wearing  apparel  of  debtor  or  faniily, 
all  beds  or  bedding  and  bedsteads  kept  for  and  used  for  debtor  and 
his  family,  all  stoves  and  appendages  put  up  or  kept  for  use  of 
debtor  and  his  family,  all  cooking  utensils  and  all  household  furni- 
ture not  herein  enumerated,  not  exceeding  $500  in  value ;  three 
cows,  ten  swine,  one  yoke  of  oxen  and  a  horse,  or  in  lieu  a  span  of 
horses  or  mules,  20  sheep  and  wool  from  same,  necessary  food  for 
stock  for  one  year,  provided  or  growing,  or  both  ;  one  wagon,  cart, 
or  dray,  one  sleigh,  two  ploughs,  oue  drag,  and  other  farming  uten- 
sils, including  tackle  for  team,  not  exceeding  $300  in  value ;  sawing 
machine,  grain  necessary  for  oue  years'  seed,  not  exceeding  50  bush- 
els of  wheat,  80  bushels  of  oats,  30  bushels  of  barley,  15  bushels  of 
potatoes,  three  bushels  of  corn,  provisions  for  debtor  and  family  for 
one  years'  support,  provided  or  growing,  or  both,  and  one  years' 
fuel,  tools  or  instruments  of  any  mechanic,  miner  or  other  person, 
used  a. id  kept  for  the  purpose  of  carrying  on  his  trade,  and  stock  in 
trade  not  exceeding  .$400  in  value ;  library  and  implements  of  any 
professional  man,  wages  of  any  laboring  man  or  woman,  or  minor 
children,  not  exceeding  $20  due  for  services  rendered  during  the 
ninety  days  preceding  the  issuing  of  the  process  ;  all  the  presses, 
stones,  type,  cases,  and  other  tools  and  implements  used  by  any  co- 
partnership, or  by  any  publisher  or  editor  of  a  newspaper,  and  in 
the  printing  and  publication  of  the  same,  not  to  exceed  $2000  in 
value,  together  with  stock  in  trade  not  exceeding  $400  in  value  ; 
homestead,  not  exceeding  eighty  acres  of  land,  with  dwelling  house 
thereon,  not  included  in  the  laid  out  portion  of  any  incorporated 
town,  city  or  village,  or  instead  thereof,  at  the  owner's  option,  land 
not  exceeding  one  lot  if  within  the  laid  out  portion  of  any  incorpo- 
rated town,  city,  or  village  having  over  5000  inhabitants,  or  one  half 
acre  within  the  laid  out  or  platted  portion  of  any  incorporated  town, 
city  or  village  having  less  than  5000  inhabitants,  with  the  dwelling 


EXEMPTION   AND  LIMITATION   LAWS.  48 

houKe  thereon  and  appiirfceuances.  All  money  arising  from  insur- 
ance of  any  property  exempted  from  sale  or  execution,  when  such 
proi)erty  has  been  destroyed  by  fire. 

Limitations. — Actions  for  the  recovery  of  real  property  must 
be  br()ii<^lit  within  tweedy  years;  to  foreclose  a  mortgage,  fifteen 
ye<(rs;  upon  a  judgment  of  the  United  States  Court  or  any  State  or 
Territory,  teti  years;  upon  contract  or  other  obligation,  express  or 
iinijlied,  or  upon  a  liability  created  by  statute,  other  than  upon  a 
penalty  or  forfeiture,  for  trespass,  for  taking,  detaining  and  injur- 
ing personal  property,  for  criminal  conversation,  for  injury  to  per- 
son or  rights  of  another,  not  arising  on  obligation,  for  relief  on 
ground  of  fraud,  six  years;  upon  action  against  sheriff,  coroner, 
constable,  upon  official  liability,  upon  statute  of  liability  and  for- 
feiture, three  years;  action  for  slander,  libel,  assault,  battery,  or 
false  imprisonment,  upon  a  statute  of  forfeiture  or  penalty  to  the 
State,  two  years;  if,  when  cause  of  action  accrues  against  a  person, 
he  is  out  of  the  State,  action  may  be  commenced  within  times  herein 
limited,  to  the  State.  No  acknowledgment  or  promise  is  sufficient 
evidence  of  a  new  or  continuing  contract,  by  which  to  take  the  case 
out  of  the  operation  of  the  statute,  unless  contained  in  writing 
signed;  but  the  eft'ect  of  any  payment  of  principal  or  interest  is  not 
altered. 

Judgments,  executions  from  the  superior  courts  may  issue  any 
time  after  rendering  within  ten  years. 

Missouri. — Exemptions.  A  homestead  occupied  by  the  owner 
and  head  of  a  family,  in  cities  of  40,000  (or  more)  inhabitants,  a 
property  not  exceeding  $3000  in  value,  and  18  square  rods  in  size  ; 
incorporated  towns  and  villages  of  less  than  40,000  inhabitants,  not 
exceeding  $1500  in  value,  and  30  square  rods  in  size ;  and  in  the 
country  a  farm  of  IGO  acres,  not  exceeding  $1500  in  value.  "  Head 
of  family  "  is  very  liberally  construed.  An  unmarried  man  keeping 
house  with  his  sister,  has  been  held  as  such.  All  wearing  apparel 
of  the  family  and  various  other  articles  of  personalty,  cattle,  etc., 
to  the  extent  of  about  $400,  are  exempt.  No  property  is  exempt  if 
debtor  is  about  to  leave  the  State,  or  is  a  non-resident,  and  no  chat- 
tel is  exempt  from  execution  (when  in  purchaser's  possession)  upon 
judgment  for  the  purchase  price  thereof. 

Limitations. — Judgments  of  court  of  record,  twenty   years; 


44  READY  REFERENCE   MANUAL. 

actions  ou  notes  and  other  written  instrumentsof  every  kind,  actions 
to  recover  real  estate  in  possession  or  title  claims,  ten  years;  ac- 
tions on  contract  (express  or  implied)  not  made  in  writing  ;  actions 
on  opon  accounts  dating  from  the  last  item  on  the  adverse  side,  in 
case  of  mutual  agreements  or  accounts ;  actions  for  trespass  on  real 
estate:  actions  for  taking,  detaining,  or  injuring  personal  property; 
actions  for  relief  on  ground  of  fraud  (dating  from  its  discovery), 
within  ten  years  after  its  commission,  three  years ;  actions 
against  pnlilic  ofiiccrs  for  ofHcial  misconduct  or  malfeasance;  ac- 
tions for  statutory  penalties  and  forfeitures;  actions  for  libel,  slan- 
der, assault,  false  imprisonment  and  c?*<//i.  fon.,  two  years;  Infants, 
married  women,  convicts  and  the  insane  have  the  statutory  period 
ahove  named  after  their  disabilities  are  removed.  A  new  promise 
or  acknowlfigment  in  writing  will  take  the  claim  out  of  tlie  oi)era- 
tion  of  this  statute,  as  will  also  a  part  ]»aynient  of  the  debt  or  inter- 
est. If  the  debtor  departs  from  the  State,  he  cannot  claim  the 
benetit  of  the  statute  for  the  time  he  is  absent. 

JuDGMKNTs  of  circuit  court  are  a  lien  upon  the  land  of  the 
defendant  in  the  county  where  rendered  for  three  years  after  their 
date;  and  they  may  be  revived  at  any  time  within  ten  years,  by 
n^scription  by  plaintiff  or  his  attorney  in  the  sheriff's  oHice.  Jus- 
tice judgments  can  be;  tiled  against  lands  by  transcript  ;  judgnuMits 
ill  other  counties  than  when!  the  debtor's  lands  are  situated,  can  by 
certified  copy  of  tlie  judgment  be  filed  in  flie  county  where  the 
lands  are  situated.  Justice  jurisdiction  extends  to  debts  of  sJ^-ioO 
in  cities  of  over  50,000  inhabitants,  under  that  to  $150. 

jVIoutgage  Sai.ks  oi'  Lanj). — There  is  no  tinu;  allowed  for 
redemption  after  sale  is  made;  every  such  sale  nuist  be  sufficiently 
advertised.  Mortg.agees  not  discharging  a  mortgage  s;itisfied,  in 
the  recorder's  oftice,  where  recorded,  are  liable  to  a  penalty  for 
damages,  amounting  to  ten  per  cent,  of  the  i)rincipal  amount  of  the 
mortgage. 

Montana  Territory. — A  homestead  not  exceeding  in  value 
^2,500;  personal  pro])erty,  including  furniture,  wearing  apparel, 
provisions,  farming  implements,  mechanic's  tools,  professional  juaii's 
libraries  and  outfits,  farm  stock  and  fodder,  in  all  to  the  value  of 
1)1,000  additional  to  a  homestead. 


EXEMrTION   AND   LIMITATION   LAWS.  46 

LiMiT.viio.vs. — Miniiis,'  claims  must  l)o  siumI  for  within  one  year; 
rt'iil  estate,  three  years,  as  to  posst'ssioii  or  title;  onliiiary  contracts 
ill  writing  ami  upon  U.  S.  Court  jinlLfments,  nix  years  ;  actions  on 
accounts,  Itills  or  oral  c(jntracts,  damai^es  to  person  or  property,  two 
years. 

JuDG.MKNTs  of  tlic  courts  art)  lions  upon  real  estate  fortwoyears 
after  being  filed.     Execution  may  issue  any  time  within  .s'jj;  years. 

Nebraska. — Exemptions    allowe(l    to  tlehlors  against    execu- 
tions, alta<!hmeiits  or   trustee   process,   are   viz.: — A   homestead   to 
liead  of  family  to  tiie  value  of  :!i:J,000  along  with    personal    property 
as  follows:  S(;hool  books,  library,  etc.,  pew   in  church,  burial   lot, 
necessary  wearing  apjiarel  for  di^btor  and   family,  bed,  bedtling,  all 
stoves  and  appendages  not  to  exceed  four,  and  other  household  fur- 
niture to  be  selected  by  debtor,  not  exceeding  in   value   iJ^loO;  also 
one  cow,  three  hogs,  all  pigs  under  six  nioiitlisold,  ami  if  the  debtor 
is  actual! V  engaged  in  agriculture,  in  addition,  one  voke  of  oxen,  or 
pair  of  horses  or  mules,  ten  sheep  and  the  wool   thereof,  necessary 
food  for  the  stock  for  three  months,  one  wagon,  one  cart  or  dray, 
two  ploughs  and  one  drag,  the  necessary  gearing  for  teams  and 
other  farming  implements  not  exceeding  ^.JO  in    value;  also  provis- 
ions for  the  debtor  and  his  family  necessary  for  six  inonthK,  pro- 
vided or  growing,  or  both,  and  fuel  for  six  months;  also   the  tools 
and  iiistriinu'iits  of  any  mechanic,   miner  or  other  person,    used  for 
carrying  on  his  trade  or  business;  the  library  and  instruments  of  a 
professional  man.  Nothing  is  exempt  from  execution  or  attachment 
for   clerks,    laborers,    or   mechanics'    wages,  or  for  money  diu'  and 
owing  by  an  attorney-at-law  for  nioney  or  other  valuable  consider- 
ations received,  collected  or  otherwise  deposited  with  him,  as  attor- 
ney for  any  })ersoii.     The  wages  of  mechanics  or  clerks  or  laborers, 
who  are  heads  of  families,  in  the  hamls  of  employers,   both  before 
and  after  due,  shall  be  exempt,  provided  that  not  more   than    sixty 
days'  wages  shall  be  exempt  at  any  one  time,  nor  will  the  wagi-s  be 
exempt  if  the  person   is  about  to   abscond.     Persons  who   are  the 
heads  of  families  and  are  householders,  and  having  no  homestead, 
are  allowed  an  exemption  of  iji-jOO  of  personal  property. 

Llmitations. — Actions  for  recovery  or  otherwise  aifecting  mort- 
gages, etc.,  of  real  estate,  must  be  brought  within  ten  years  ;  con- 
tracts, agreements  in  writing,  or  foreign    judgments.  Jive  years/ 


46  RKADY   REFEUENCE   MANUAL. 

contracts  not  in  writincf,  express  or  iiiii»lie(l,  four  yenrn;  persons 
uiifler  age,  insane,  or  otliorwise  inciapaeitatecl,  the  statute  will  not 
commence  to  run  until  such  disabilities  become  removed;  persons 
leaving  tlie  State,  dej)rive  tliemselves  of  the  rights  of  the  statute, 
for  all  such  time  as  absent;  written  promises  to  pay,  or  the  payment 
of  any  principal  or  interest,  revives  tlie  limit  to  date  from  hucIi 
payment.  Outlawed  claims  under  the  limitation  laws  of  other 
States,  caimot  be  enforced  under  the  provisions  of  this  State's 
statutes. 

ExEOLrTio>fs  may  issue  at  any  time  within  /jwe  ijears;  judg- 
ments are  liens  as  follows: — Federal  Courts  against  any  lamls  with- 
in the  State;  U.  S.  District  Court,  within  the  district,  and  county 
court  judgments,  upon  all  debtor's  lands  in  the  county;  transcripts 
can  be  made  filing  any  of  them  against  lands  owned  by  debtor  in 
any  part  of  the  State.     Justice  jurisdiction,  $100. 

New  Hampshire. — The  following  property  is  exempt  from 
execution  or  attachment :  A  homestead  in  value  not  exceeding  $500, 
during  the  life  of  the  wife  or  widow  and  minority  of  the  children  of 
debtoK ;  necessary  wearing  apparel,  beds  and  bedding  for  debtor, 
his  wife  and  children ;  household  furniture  to  the  value  (selected  by 
debtor)  of  flOO ;  books  and  libraries  to  the  value  of  )5200 ;  mechan- 
ic's tools,  etc.,  to  the  value  of  $100;  provisions  and  fuel  to  the  value 
of  $50;  a  horse  and  yoke  of  oxen  and  four  teas  of  hay;  hog  and 
pig,  and  pork  of  same  ;  six  sheep,  cooking  stove  and  furniture,  in- 
terest in  pew  and  burial  lot  in  cemetery ;  sewing  machine. 

Limitations. — Actions  of  trespass  to  persons,  and  for  defama- 
tory words,  may  be  brought  within  two  years;  all  other  personal 
actions,  within  six  years;  actions  of  debt  upon  judgments,  recog- 
nizances and  contracts  under  seal,  may  be  brought  at  any  time  with- 
in twenty  years  after  due. 

Judgments  are  a  lien  upon  all  real  estate  of  the  debtor  within 
the  county  or  district  that  they  are  issued  within.  Execution  may 
issue  any  time  within  tioenty  years  from  its  rendition;  justice  and 
police  courts  have  jurisdiction  (except  where  real  estate  is  involved) 
up  to  $100;  in  some  cities  their  jurisdiction  are  extended  to  $300  or 
$500 ;  one  year  is  left  open  to  redeem  real  estate  sold  under  power 
of  sale  in  mortgage  or  execution. 


EXEMFnoN    AND   LIMITATION    I-AWS.  47 

New  Jersey — The  cxomptions  ttllowpil  are  as  followH:  A 
lionif'stcail,  l)v  (loiifoiijiing  to  the  statutes  for  that  purpose,  the  lot 
and  buihling  thereon,  occupied  as  a  residence  and  owned  by  debtor, 
being  a  householder  and  having  a  family,  not  exceeding  in  value 
$1000.  All  wearing  apparel  of  debtor  and  his  family,  aiid  Helected 
personality  to  the  value  of  $200.  No  property  is  exempt  from  its 
identical  purchase  money. 

Limitations. — Actions  for  slander  must  be  sued  within  tioo 
yearn;  upon  constable's  bond  and  trespass  to  person,  within  Joitr 
yearn;  all  actions  of  general  trespass,  trover,  detinue,  and  replevin, 
debts  not  founded  on  specialty,  all  actions  of  account,  and  on  the 
case,  within  six  years;  actions  on  sheriflf's  bonds,  within  nbie 
years;  actions  on  specialties  for  payment  of  money  or  award  under 
seal,  or  for  rent  or  lease  under  seal,  within  sixteen  years;  on  all 
court  of  record,  or  transcripts  from  other  courts  recorded,  within 
tii^eiity  years;  part  payment  of  any  part  of  the  debt,  or  a  written 
promise  to  pay,  will  revive  the  outlawed  debt.  Absence  from  the 
State  stays  the  running  of  the  statute,  except  where  plaintiff  is  a 
non-resident  and  the  cause  itself  originated  without  the  State. 

Judgments  are  only  a  lien  after  actual  levy  on  the  property;  but 
they  can  be  made  a  lien  on  real  estate  by  docketing  them  in  the 
Court  of  Common  Pleas.  Executions  levied  first,  take  precedence, 
although  the  last  on  record.  Justice  Courts  have  jurisdiction  in 
cases  of  a  civil  nature,  to  the  extent  of  $200. 

New  Mexico. — Exemptions  are  as  follows :  Homestead,  ac- 
tually occupied  by  head  of  family,  not  exceeding  in  value  $1000  ;  all 
necessary  tools  and  implements,  not  exceeding  in  value  $20  ;  bibles, 
hymn  books,  food  and  provisions,  not  exceeding  in  value  |!2£ ;  and 
furniture  under  $10;  wearing  apparel,  bods  and  bedding,  and  fuel 
for  thirty  days  for  debtor  and  his  family.  (This  is,  apart  from  the 
homestead,  the  barest  in  the  United  States.) 

Limitations. — Teii  years  adverse  possession  of  real  estate 
under  color  of  title  by  possession  or  otherwise,  bars  all  claims  and 
suits  whether  of  law  or  equity,  except  as  to  persons  of  unsound 
mind,  infants,  convicts,  or  persons  beyond  the  limits  of  the  United 
States.  Action  for  recovery  of  payment  for  personal  debts,  must 
be  commenced  within  o7ie  year  after  the  cause  of  action  accrues. 
HJxecutions  issue  immediately  after  rendering  of  the  judgment,  and 


48  UKADY   UKFKUKNf'p]   MANUAL. 

to  (lilVenMit  coiiiitifH,  must  l)e  issued  within  one  ytur  or  revived,  or 
they  bceoiue  deud. 

New  York.--  'J'he  followiiif,'  property  when  owned  by  iihouse 
hohler,  is  exempt  from  levy  iind  siilo  by  virtue  of  an  execution,  and 
eiu'h  moveable  article  thereof  contiuues  to  be  bo  exeiujit  while  the 
family,  or  any  of  them,  are  removiu},'  from  one  residence  to  another; 
all  spinning  wheels,  weaving  looms,  and  stoves,  jtut  up  or  kept  for 
use  in  u  dwelling  house  ;  one  sewing  machine  with  its  appurte- 
nances;  tlu'  family  bible,  family  pictures,  and  school  books  used  by 
or  in  the  family,  and  other  books  not  exceeding  in  value  .^50,  kept 
and  used  as  part  of  the  family  library;  a  seat  or  pew  occupied  by 
debtor  or  the  faniily  ;  ten  sheep  with  their  fleeces  and  the  yarn  or 
doth  manufactured  therefrom;  one  cow,  two  swine,  and  the  neces- 
saries of  food  for  the  same ;  all  necessary  moat,  tish,  tlour,  and  the 
vegetables  actually  provided  for  family  use,  and  necessary  fuel,  oil, 
and  candles  for  the  use  of  the  family  for  sixty  days ;  all  wearing 
apparel,  beds,  bedsteads  and  bedding,  necesnary  for  the  judgment 
debtor  and  the  family ;  all  necessary  cooking  utensils,  one  table,  six 
chairs,  six  knives,  six  forks,  six  Bi)oons,  six  j^lates,  six  tea  cups,  six 
saucers,  one  sugar  dish,  one  milk  pot,  one  tea  pot,  one  crane  and  its 
appendages,  one  pair  of  andirons,  one  coal  scuttle,  one  shovel,  one 
pair  of  tongs,  one  lamp,  one  caudle  stick,  tools  aiid  implements  of  a 
mechanic  necessary  to  carrying  on  of  his  trade  not  exceeding  in  value 
!?25.  In  addition  to  the  above,  necessary  household  furniture,  work- 
ing tools,  ami  team,  professional  instruments,  furniture  and  library, 
not  exceeding  in  value  $250,  together  with  the  necessary  food  for 
team  for  ninety  days,  are  exempt  when  owned  by  a  person  being  a 
householder  or  having  a  faniily  for  which  he  i)rovides,  except  when 
the  execution  is  issued  upon  a  judgment  recovered  wholly  upon  one 
or  more  demands,  either  for  work  jjerformed  in  the  faniily  as  a  do- 
mestic, or  for  the  purchase  money  of  one  v)r  more  articles  exempt  as 
above  stated.  Where  the  judgment  debtor  is  a  woman,  whether 
married  or  unmarried,  she  is  entitled  to  the  same  exemptions  and 
subject  to  the  same  exceptions.  The  pay  and  bounty  of  a  non-com- 
manding officer,  musician  or  private,  in  the  militaiy  or  naval  service 
of  the  United  States,  a  land  warrant,  i)ensiou,  or  other  reward 
granted  by  the  United  States  or  by  the  State  for  military  or  naval 
services,  a  sword,  horse,  medal,  emblem,  or  device  of  any  kind  pre- 


EXKMi'TlON    AND    LIMITATION   LAWH.  49 

Hcritod  us  H  toHtiiuoiiiivl  fur  HcrviceH  rciuloicil  in  i\w  inililaiy  oruiival 
horvir*!  «»f  tlui  United  States,  iiiul  tlio  iiniforui,  iviiuh  ami  tMiuipnientH 
me  alHO  exempt.  AIho  tlio  family  buiying  ground,  not  exceeding  in 
extent  one  (juarter  of  au  acre,  and  provided  a  portion  of  it  has  been 
aftmilly  iised  as  a  burying  ground,  and  doew  not  contain  any  build- 
in;^'  or  Ktructur(>,  ex<'ei)t  one  or  more  vaults  or  otlier  places  of  deposit 
for  tlie  deiid,  or  mortuary  monuments.  A  proper  notice,  Hubscril>ed, 
iickni.wledged  and  ))roved  as  a  deed,  ntating  the  location  and  pur- 
pose, must  be  duly  recorded  in  the  county  where  the  land  is  situ- 
ated, lit  least  three  days  before  the  sale  by  virtue  of  the  execution. 
,\lso  a  homestead,  not  exceeding  in  value  .*1()()(),  occupied  as  a  resi- 
deuce  by  ii  householder,  having  a  family,  providtnl  the  claim  for 
such  exemption  has  been  lihd  in  the  otlice  of  the  clerk  of  the  county 
where  the  homestead  is  situated,  in  a  book  styled  the  *'  Homesteiid 
Exem))tion  Book."  The  same  homestead  exemption  exists  in  favor 
of  a  married  woman  if  oc<'Upied  by  her  us  a  residence,  under  the 
same  quulilicution  and  restrictions.  In  case  of  injury  or  destruction 
of  the  dwelling  home,  one  year's  grace  is  allowed. 

liiMiiA  rio.Ns. — Actions  by  llic  State,  in  respect  to  real  property 
or  its  issues  or  profits,  must  in  certain  cases  bi-  brought  within  /oi'ti/ 
t/ears,  and  in  other  cases  within  (ire/iti/  years,'  to  recover  real  ]>rop- 
ertv  by  a  party  other  lliun  the  IVople,  on  a  sealed  instrument  or  a 
jiidgmeiit  or  decree,  within  tiocnty  yenrs;  upon  a  contract  liability, 
implied  or  I'Xpi'essed,  exce})t  a  judginent  or  decree;  upon  a  statutory 
liability,  other  than  a  [)eiialty  or  forfeiture;  for  damages  for  injury 
toprdperty  of  [lerson,  except  as  hereinaftiM'  mentioned;  to  estaidish 
a  will;  upon  a  judgment  or  dicree  not  of  a  court  of  record,  within 
■fix yeiirti.  Against  a  sherilV,  coroner,  eoiistalile,  or  other  otlicer  for 
the  'loiipaynient  of  money  collecteil  upon  execution;  against  aeon- 
stable  by  omitting  or  doingaii  oHicial  act  other  than  escape;  upou  a 
statute  of  penalty  or  forfeituri'  where  the  action  is  given  to  the 
person  aggrieved,  or  to  him  and  lliu  State;  against  an  executor, 
administrator  or  receiver,  or  trustee  of  an  insolvent  debtor;  to  re- 
cover damages  for  a  personal  injury  resulting  from  negligence, 
within  t/irec  years.  '1V»  recover  damages  for  liltel,  slandi'r,  assault, 
l»attery,  false  imprisonment;  upon  a  statutory  penalty  or  forfeiture, 
or  against  a  sheriff  or  ofticer  acting  in  behalf  therefor  of  the  State, 
within  tino  years;  against  a  sheritF,  coroner,  fordoing  an  ofHcial  act 


50  READY   REFERENCE  MANUAIi. 

except  as  above  provirled;  against  any  officer  for  the  escape  of  a 
])risoner,  arrested  or  imprisoned  by  virtue  of  tlio  civil  mandate, 
witliin  one  year.  If  a  person,  entitled  to  maintain  an  action,  except 
for  penalty  or  forfeiture,  or  against  a  sheriff  or  officer  for  escape,  is 
at  the  time  cause  of  action  accrues  withiji  twenty-one  years  of  age, 
insane  or  imprisoned,  or  taken  in  execution  for  less  than  a  life  sen- 
tence, the  term  of  all  limitations  above  enumerated  maybe  extended 
five  years  after  time  above  specified;  in  cases  of  infants,  one  year 
after  they  become  of  age.  All  j)ayments  of  money  on  account  or 
promises  in  writing  from  the  debtor,  takes  the  claim  out  of  the 
operation  of  the  statute.  Executions  may  issue  at  any  time  within 
five  years,  and  after  that  time  on  the  application  to  the  court  for  an 
order. 

North  Carolina, — The  exemptions  allowed  every  resident  of 
the  State  are  as  follows:  A  homestead  not  excecMling  in  value  sjilOOO, 
t  )  be  selected  by  him;  this  right  is  a  fee  simple.  !^50()  in  value  of 
j)ersonalty  in  addition  to  the  above,  is  exemj)t.  The  homestead 
cannot  be  conveyed  or  waived,  except  by  full  and  voluntary  con- 
currence of  the  wife, 

LiMiTATios. — Actions  upon  contracts,  obligations,  or  liability 
arising  out  of  contract,  wherc^  the  trespass  is  proved,  upon  real  prop- 
erty, for  taki?ig,  detaining,  or  converting,  or  injuring  chattels 
against  sureties  of  an  executor,  etc.,  or  sureties  upon  a  bond  or  sealed 
instrument  against  bail,  or  for  relief  on  ground  of  fraud,  (including 
notes,  bills  and  accounts)  must  be  brought  within  three  years.  On 
bonds  or  notes  under  seal,  actioTi  is  barred  after  ten  years.  Open 
current  and  oral  accounts,  from  the  date  of  last  item  charged  is  the 
rule.  Promise  to  defeat  the  operation  of  the  statute  must  be  ^n 
writing  signed  by  the  debtor  or  his  duly  authorized  representative. 
Executions  are  a  lien  on  real  estate,  from  the  (bite  of  docketing  the 
judgment.  They  may  be  issued  any  time  within  three  years.  Jus- 
tice Courts  have  jurisdiction  upon  contract  debts  (not  real  estate) 
to  the  principal  amount  of  $200;  in  damages  to  the  extent  of  |S50. 

Ohio, — The  following  are  the  exemptions  allowed  against  ex- 
ecution or  attachment  claims  : — Every  widow  and  person  having  a 
family,  holds  as  exempt,  wearing  apparel,  household  furniture,  cow, 
&c.,  to  amount  of  about  $170,  bibles,  books,  etc.,  and  family  pic- 
tures, sewing  machine,  knitting  machine,  tools  and  implements  nee- 


EXEMPTION   AND   LIMITATION  LAWS.  51 

essary  to  carry  on  his  or  her  trade  or  business  not  exceeding  in 
value  !?100  ;  personal  earnings  of  self,  minor  child  or  children,  for 
three  months  next  preceding  the  issuing  of  execution  or  attachment 
when  necessary  for  support  and  maintenance  of  debtor's  family  ; 
specimens  and  cabinets  of  natural  history  or  science,  unless  kept 
for  shew  or  gain.  A  drayman,  who  is  the  head  of  a  family,  has  his 
horse,  harness  and  dray ;  an  agriculturist  has  one  horse,  a  yoke  of 
cattle,  with  necessary  gearing,  and  one  wagon  ;  a  doctor  has  one 
horse,  saddle  and  bridle  and  books,  medicines  and  instruments  [)er- 
taining  to  his  profession,  not  exceeding  $100  in  value.  Husband 
and  wife  living  together,  a  widow  or  widower,  living  with  an  unmar- 
ried daughter  or  unmarried  minor  son,  hold  a  family  homestead  to 
the  value  of  $1000  ;  or  if  none,  $500  in  value  of  personal  property  ; 
if  either  husband  or  wife  own  a  homestead,  the  $500  exemption 
cannot  be  daitued.  A.u  unmarried  woman  holds  exempt  wearing 
apparel  not  exceeding  $100,  one  sewing  machine,  and  knitting  ma- 
chine, and  books  not  exceeding  in  value  $25. 

Limitations. — Action  against  an  executor  on  bond,  save  in 
special  cases,  must  be  commenced  in  four  years ;  for  recovery  of 
real  estate,  twenty  one  years;  forcible  eutx-y  and  detainer,  or  de- 
tainer only  of  real  estate,  tioo  years;  written  agreements,  contrac^t 
or  promise,  fifteeii  years;  contract  not  iu  writing,  express  or  im- 
plieil,  liability  created  by  statute,  other  than  penalty  or  forfeiture, 
six  years;  trespass  on  real  estate,  taking,  detaining  of  personal 
property,  replevin,  injury  to  the  rights  of  plaintiff  not  arising  on 
contract,  and  not  hereinafter  enumerated,  and  relief  on  ground  of 
fraud,  does  not  accrue  until  discovered  ;  for  re.ief  not  hereinbefore 
specified,  ten  years.  If  the  person  entitled  to  bring  suit  be  within 
the  age  of  twenty-one  years,  a  married  woman,  insane,  imprisoned 
.  persons,  they  have,  after  the  disability  is  removed,  iu  the  first  class 
of  real  actions,  ten  years;  in  actions  not  in  the  first  two  classes  of 
real  action,  the  times  hereinbefore  sjiecified.  If  at,  or  after  the  time 
that  the  right  of  action  accrues,  defendant  be  out  of  the  State,  ab 
sconded  or  cout.'ealed,  the  statute  does  not  run.  In  cases  founded 
on  contract  payment  thereon,  or  written  acknowledgment  thereof, 
or  written  and  signed  promise  to  pay,  takes  the  operation  of  the 
statute  to  commence  from  such  written  promise,  or  the  payment  of 
money  on  account  in  like  manner ;  judgments  of  the  court  of  Com- 


62  READY   REFERENCE  MANUAL. 

inoii  Pleas,  are  liens  upon  all  the  debtor's  real  estate  within  the 
county  where  rocorJetl.  Transcripts  from  inferior  courts  may  be 
filled  in  i  like  manner. 

Pennsylvania. — The  exemptions  allowed  in  this  common- 
wealth, are  namely: — Real  or  personal  property  to  the  value  of 
.fSOO,  to  be  selected  by  the  defendant,  and  to  be  appraised 
by  disinterested  persons  appointed  by  the  officer  executing 
the  writ,  and,  in  adtlition  thereto,  all  wearing  apparel,  bibles  and 
school  books  are  exempt.  In  case  of  the  death  of  a  debtor,  the 
widow  and  family  are  entitled  to  a  similar  exemption.  A  sewing 
machine  belonging  to  a  seamstress  is  also  exempt.  Debtors  may 
waive  their  right  of  exemption,  or  by  their  absconding  or  commit 
ting  fraud  they  deprive  themselves  of  it. 

Limitations. — All  actions  on  contracts,  book  accounts,  notes 
and  other  instruments,  not  under  seal,  must  be  commenced  within 
six  years  after  the  cause  of  action  accrued.  Actions  for  trespass  to 
the  person,  within  tmo  years;  actions  for  slander  and  libel,  o)ie 
year.  A  debt  may  be  revived  from  the  operation  of  the  statute  bv 
a  distinct  oral  or  written  promise  to  pay  it,  or  by  the  payment  of 
money  on  account  of  that  debt.  Judgments  are  a  lien  on  all  the 
debtor's  reality  within  the  county  where  rendered.  All  judgments 
issued  the  same  day  are  equal  as  to  right,  regardless  of  the  hour  ; 
thf3y  iire  good  for  live  years,  and  at  the  expiration  of  that  period, 
may  ba  revived  for  dve  years  longer,  anil  so  on  for  an  indelinite  pe- 
riod. Just  lee  Coicrts  have  jurisdiction  outside  of  Philadelphiii 
county,  in  sums  of  $300 ;  in  rhiladelphia  county  only  !$100  ;  an  ap 
peal  is  open  where  the  sum  involved  exceeds  $5.33. 

Rhode  Island. — Exemptions  allowed  a  debtor:  Necessary 
wearing  apparel  of  his  family,  uniform,  arms,  and  e(juipmeut  of  mi 
litia  men ;  one  pew  in  church,  one  burial  plot ;  working  tools  not 
exceeding  in  value  $200  ;  household  furniture  and  family  stores, 
not  exceeding  $300,  of  a  house  kv^eper  ;  books  in  use  in  the  famil}', 
not  exceeding  .$300 ;  ono  cow  and  one  and  a  half  tons  of  hay,  one 
hog,  one  pig,  and  tlio  pork  of  the  same,  of  a  house  keeper;  m.iriner's 
wages  until  tormination  of  voyage;  debts  secured  by  bills  of  ex- 
cliango,  and  promissory  notes;  ten  dollars  of  wages,  except  it  be 
for  necessaries;  wages  of  debtor's  wife  and  minor  children. 


EXEMPTION   AND   LUriTATION  LAWS.  53 

Limitations. — Sm  years  on  book  accounts  from  lust  item; 
1)011(1  notes,  judgments,  scaled  and  unsealed  l)ut  written  promises 
to  ])ay,  tineiity  years.  Judgments  arc  ikj  lien  unless  levy  in  tlit! 
usual  form  is  advertised  and  made.     Justice  jurisdiction  is  ^100. 

South  Carolina. — Exemptions  arc  included  in  and  area  part 
of  the  constitution  of  this  State,  and  provide  as  follows: — 'I'lie  lu-ad 
of  each  family  residing  in  this  State  shall  have  the  right  to  a  "  family 
homestead,"  consisting'uf  dwelling  house,  outluiildings,  and  lands, 
appurtenances,  not  exceeding  in  value  •<;l,000  and  the  yearly  pro- 
duct thereof,  shall  he  exempt  from  attachinent  levy,  or  sah-  under 
any  process  issued  from  any  court.  The  following  2>t'i'«<>'i;^l  prop- 
erty is  also  exein2)t:  household  furniture,  beds,  bedding,  family 
library,  arms,  carts,  wagons,  farming  implements,  tools,  neat  cattle, 
'■  work  animals,  swine,  goats  and  sheep,  not  to  exceed  in  value  in 
till'  aggri'gate  the  sum  of  ^500.  Xo  ])roperty  is  exempt  from  taxes, 
or  the  payment  of  the  purchase  money -therefor;  the  homestead  is 
lint  e\('m2)t  from  the  payment  of  labor  or  money  expended  on  im- 
provcnu'iit  thereon;   the   income  from  the  homestead  is  not  exempt. 

Limitations. — All  real  actions,  within  ten  years,  except  when 
Ipy  the  State,  or  jiersoiis  claiming  under  the  State,  then,  in  such  cases, 
tii-enty  yeai;^.  On  foreign  judgments,  or  upon  sealed  instruments 
otiier  than  sealed  notes  or  jicrsonal  bonds  for  the  payment  of  money 
o]\\y,  tirexty  years.  'J'lie  following,  within  six  years  :  (1)  on  con- 
tract, express  or  implied,  and  upon  sealed  notes  and  personal  bonds 
for  the  payment  of  money  only;  (2)  on  statutory  liability  other 
than  jieiialty  or  forfeiture;  (3)  on  trespass  on  real  property;  (4)  for 
I'oiiveisioii,  damage  or  recovery  of  personal  pro2)erty;  (o)  for 
(•riiiiiiial  (tonversion  and  personal  tort  notarising  on  contract;  ((i)  for 
relief  on  ground  of  fraud  (the  action  dating  from  the  cause  thereof 
accruing).  The  following,  within  three  year.^ :  (I)  an  action  against 
a  sliorilT  upon  lialiility  in  his  otHcial  capacity;  (-2)  on  statutory  lia- 
l>ility,  when  action  is  given  to  aggrieved  party.  The  following- 
wit  hi  n  ^w  ^/eanv  .■  for  libel,  slander,  assault,  battery,  or  false  im- 
pris(.iimeiit,  and  upon  statutory  forfeiture  or  penalty.  All  actions 
lor  other  relief,  within  ten  years.  Action  upon  an  open  aec^ouiit 
accrues  from  the  last  item  charged  thereon.  If  the  l)arty  entitled 
to  bring  action,  or  to  defend  an  action  for  real  property,  is  an  in- 
taiit,  insane,  imprisoned,  then  action  may  b(^   brought  or  defended 


54  READY   REFERENCE   MANUAL. 

after  ten  years,  ami  within  five  years,  after  the  disahility  has  ceased. 
Ill  all  other  actions,  the  time  of  disability  is  not  counted,  except 
that  the  time  cannot  be  extended  more  than  five  years,  by  which 
reason  such  disability  may  be  for  infancy,  and  in  such  case  the  time 
will  be  extended  to  the  period  of  one  year  after  attaining  of  majority. 
Persons  leaving  the  State  forfeit  the  right  of  the  operation  of  the 
statute.  Judgments  of  all  courts  of  record  are  a  lien  ui)on  I'calty 
for  ten  years,  from  the  date  of  docketing  such  judgments. 

Tennessee. — The  following  property  is  exempt  from  execution 
or  attachment: — household  furniture  and  goods  to  the  value  of  $250; 
a  homestead  recorded  under  the  statute  as  such  in  the  name  of  the 
head  of  the  familj'-,  to  the  value  of  $1000;  a  horse,  wagon  and  cart 
additional.  A  farmer  has  also  a  few  farming  implements,  and  what 
would  be  required  for  a  year's  support. 

LhMn'ATioNs. — The  time  to  commence  action  on  all  kinds  of 
commercial  paper,  is  limited  to  six  years  from  the  last  item  on 
either  side  of  an  account,  or  from  the  date  of  maturity  of  a  note  or 
bill  of  exchange;  the  "book  debt"  law  gives  two  years  (this  is  an 
act  that  is  practised  by  small  traders,  such  as  grocers,  butchers  and 
milk  venders;  they  have  a  small  account  book  that  is  for  entering 
their  daily  deliveries,  and  are  regarded  as  cash,  ])ut  for  convenience 
are  entered  in  what  is  styled  the  "book  debt"  way).  Persons  un- 
der disability  to  bring  or  defend  actions,  have  two  years  after  the 
disability  has  been  removed.  Judgments  are  not  a  lien  upon  per- 
sonal property  until  actual  levy;  upon  real  estate  the  judgment 
unless  registered  by  abstract  upon  the  deed  register  for  the  county, 
is  not  a  lien ;  after  registration  it  is  only  good  for  one  year. 

Justices  of  the  Peack  have  jurisdiction  upon  notes  to  the 
amount  of  $1000;  $500  on  account. 

Texas. — Exem])tions  allowed  are  :  (I)  homestead  of  a  family 
not  more  than  200  acres  in  the  country,  and  improvements  thereon; 
in  town  or  city  or  village,  lot  or  lots,  not  exceeding  $5000,  at  time  of 
their  designation  as  a  homestead  without  reference  to  the  value  of 
the  improvements  thereon,  except  from  forced  sale  or  j)ayment  of 
any  debts,  other  than  purchase  money  thereof  or  part  of  such  })ur- 
chase  money,  the  taxes  due  thereon,  or  for  work  or  material  used  in 
construction  of  improvements  thereon;  (2)  all  household  and  kitchen 
furniture,  all  implements  of  husbandry,  all  tools  or  apparatus  be- 


EXEMPTION   AND   LIMITATION  LAWS.  55 

loiwing  to  any  tradesman  or  professional  man;  all  books  belonging 
to  public  or  private  libraries;  five  milch  cows  and  calves,  two  yoke 
of  oxen,  two  horses  and  one  wagon,  one  carriage  or  buggy,  one  gun, 
twenty  hogs,  twenty  head  of  sheep,  all  provisions  and  forage  on 
iiand  for  home  consumption,  all  saddles,  bridles  and  harnesses  neces- 
sary for  the  use  of  the  family;  and  to  every  citizen  not  a  head'of  a 
i'ainijy,  one  horse,  bridle  and  saddle,  all  wearing  apparel,  all  tools, 
apparatus,  and  books  belonging  to  his  private  library. 

Limitations. — (1)  Actions  affecting  real  estate  must  be  com- 
iiH  need  within  three,  /jce,  or  ten  years,  according  to  the  time  of 
possession;  (2)  actions  of  tresi)ass  to  estate  or  person,  detinue  or 
trover,  for  taking  away  the  goods  and  chattels  of  another;  all  ac- 
tions upon  open  account  other  than  such  accounts  as  concern  the 
traile  of  merchandise  between  merchants,  their  factors  and  servants, 
sliall  be  sued  within  hco  years  after  cause  of  action  arose;  (3)  ac- 
tions for  injuries  done  to  the  person  of  another,  shall  be  commenced 
witliin  one  year;  (4)  actions  upon  debt  in  any  contract  in  writing 
iimsi  be  sued  withinyb^r  years,  next  after  the  cause  of  action  arose, 
and  not  after. 

.Ii'I)(;ments  are  a  lien  upon  the  lands  within  the  county  where 
such  judgments  are  rendered  by  the  courts  of  record,  from  the  date 
of  it  being  rendered;  transcripts  from  outside  counties  are  only  good 
IVoni  llieir  iiling  as  a  lien;  execution  must  issue  uj)on  all  judgments 
within  one  year  from  the  first  day  that  an  execution  could  be  issued; 
tlie  judgn\ent  can  be  kept  alive  for  ten  years.  Justices  have  juris- 
diction to  till'  amount  of  ^200.  An  appeal  is  allowable  in  all  cases 
over  ;j!20. 

Utah. — The  law  allows  the  head  of  a  family  a  homestead  to 
the  value  of  $1000,  and  personality  to  each  member  of  the  family  of 
$250 ;  along  with  household  furniture,  cooking  utensils,  wearing 
apparel,  tools  of  mechanic  or  tradesman,  farming  implements,  and 
live  stock  and  fodder,  and  provisions  and  fuel. 

Limitations.  —  Actions  respecting  real  estate,  within  sei'en 
years;  written  contracts  or  agreements,  within  four;  for  taking, 
detaining,  or  injuring  goods  or  chattels,  including  an  action  for 
their  specific  recovery,  three  years;  upon  any  oial  contract  or  obli- 
gation, such  as  a  store  account,  etc.,  two  years.     Jvdyment  is  a  lien 


50  READY   REFERENCE   MANUAL. 

upon  real  estate,  if  debtor  has  been  a  resident  of  the  county  in  the 
territory  where  issued  for  two  years. 

Vermont. — Exemptions  from  ex(3cutiou,  attachment  or  trustee 
process,  are  as  follows :  Real  estate  kept  and  occupied  as  a  home- 
stead, the  dwelling  and  buildings  thereon,  not  exceeding  .$500  in 
value  ;  all  rents,  products  thereof,  necessary  wearing  ajjparel, house- 
hold furniture,  bed  and  bedding  used  by  family ;  farming  imple- 
ments to  the  value  of  $250  ;  a  yoke  of  oxen,  ten  sheep,  all  growing 
crops,  three  swarm  of  bees,  200  ttis.  of  maple  sugar,  fodder  for  one 
winter  for  exempted  stock;  professional  man's  library  and  furniture 
to  the  value  of  *200. 

LiMrfATioNs  are  as  follows :  All  actions  of  account,  assumpsit 
(except  assumpsit  on  witnessed  note)  of  debt,  upon  contract  not 
uiuler  sc:il,  iixpress  or  im]»liod,  or  of  debt  on  judgiiuMit  <jf  court,  not 
a  court  of  record  of  the  United  States,  or  of  this  or  sonic  otlu-r  State, 
and  all  actions  for  torts,  except  assault  and  ball  cry,  false  imprison- 
ment, slander  or  libel,  nuist  be  commcnceil  within  six  years  next 
after  cause  of  action  accrues;  all  actions  against  towns  or  town 
clerks  Uiv  neglect  in  matter  of  rec^ords  ail'ccting  property,  within  six 
years  next  after  final  decision,  based  on  such  ncglccit,  against  the 
party  ciaimiug  damage  from  such  neglect;  all  actions  for  assault 
and  battery,  and  false  imi)risonmeiit,  within  three  years  next  after 
cause  of  action  accrues;  for  slander  and  libel,  two  years  after  cause 
arises;  against  shcrifT",  for  misconduct  or  negligence  of  deputies 
within  fmir  year^J  on  Avitnessed  promissory  note,  within  fourteen 
years;  of  debt  scire  facias,  on  judgments,  within  eight  years  from 
its  rendition;  on  (lebt  on  specialties,  covenant  other  than  of  war- 
ranty and  seisin,  contained  in  a  deed  of  land,  within  eiyht  years 
next  after  cause  of  action  accrues;  of  covenant  on  warranty  in  deed 
of  land,  within  eight  years  from  linal  decision  against  the  covenan- 
ter's title;  for  the  recovery  of  lands  or  the  possession  thereof,  and 
of  covenant  on  covenant  of  seisin,  within  fifteen  years  next  after 
cause  of  action  accrues.  There  arc  various  exceptions  to  the  above 
limitations  in  cases  of  aliens,  U.  S.  soldiers,  minors,  married  women, 
and  persons  insane  and  imprisoned;  and  in  cases  of  absence  from 
the  State,  death  of  party,  failure  of  suit,  unavoidable  accident  in 
service  or  return,  by  default  of  officer  serving  the  writ  or  by  tech- 
nical delect.     The  above  limitations  do  not  apply  to  evidences  of 


EXEMPTION   AND   LIMITATION   LAWS.  57 

debt  issnud  by  moneyed  corporations.  An  iicknowledgnicnt  or 
jironiiso  in  order  to  take  a  case  out  of  the  statute  of  limitation  must 
he  in  writint;,  sii^ned  by  tlie  party  to  be  aflFected;  and  any  indorse- 
ment of  payment  on  written  instrument,  in  order  to  have  above 
effect,  must  be  in  handwriting  of  party  making  tlie  payment.  All 
claims  in  set  off  are  governed  by  above  provisions. 

Virginia. — The  property  exempt  from  execution  and  attach- 
ment is  as  follows:  Wages  exempt  to  amount  of  $50;  homestead 
described  as  such  in  •' Homestead  Deed  Book"  to  value  of  $20()(); 
mechanic's  tools,  farmer's  ordinary  in\plemeuts  of  husbandry,  neces- 
siiry  family  effects;  library  and  family  pictures  to  the  value  of 
*100. 

Limitations. — Upon  indemnity  bonds,  within  ten  years;  all 
sealed  instruments  for  the  security  of  money  and  recordeil  and  all 
court  of  record  judgments,  within  «ioe)i<?/  years;  promissory  notes 
and  contracts  for  payment  of  money,  within  five  years;  merchant's 
accounts,  oral  agreements,  within  two  years,  (two  years  allowed  for 
disability,  after  the  cause  is  removed,  or  ceased.)  Possession  of  land 
within  ten  years  if  east  of  the  Alleghany  range;  west  of  ii,Ji/teen 
years. 

Wyoming  Territory. — The  laws  of  exemption  allow  the  fol- 
lowing: A  homestead  to  the  value  of  $1500;  furniture  and  effects 
thereto  belonging,  to  the  value  of  $500,  (separate  property  belong- 
ing to  the  wife  exempt  to  the  same  extent);  persons  engaged  in  ag- 
riculture have  a  selected  exemption  of  implements,  seed  and  stock, 
to  the  value  of  8350;  professional  man's  libraries,  to  the  value  of 
!?;i5u;  family  wearing  apparel  and  appurtenances,  when  they  have 
no  homestead  under  the  statute,  to  the  value  of  $150. 

Limitations. — The  recovery  of  possession  or  title  or  the  revoca- 
tion of  a  deed,  within  twenty-one  years;  all  debts  in  writing,  within 
A'w  years;  all  open  accounts  and  oral  agreements  within  /our 
years. 

Judgments  are  liens  upon  all  lands  of  the  debtor's  within  the 
county  for  five  years,  and  if  execution  issues  within  that  time  it  re- 
news it  for  five  years  from  tlie  expiration  of  the  first  term.  Deeds 
and  mortgages  must  be  in  writing,  and  have  two  witnesses,  and  be 
recorded  within  three  months,  or  they  become  void. 

4 


68  READY   REFERENCE   MANUAL. 

Wisconsin. — The  exemptions  allowed  a  juilgineiit  debtor  are 
as  follows:     A   homestead  within  any  town,  city  or  village,  not  ex- 
ceeding a  (jiiarter  of  an  acre  in  extent,  or  forty  acres  used  for  agri- 
(Hiltiiral  i)ur|)oses,  outside  such  city,  town,  plat  or  village,  is  exempt 
from  execution  irrespective  of  value;  mechanic's  liens  or  mortgages 
lawfully  ohtained  thereon,  are  not  affected,  hut  mortgage  to  he  bind- 
ing the  wife  must  join  or  waive  the  riglit  of  homestead;  su(th  home- 
stead can  be  sold  and  removed  to  be  applied  into  another;  if  burned 
by  accident,  the  insurance  is  exempt  from  attachment  or  execution; 
also,  the   family  biltle,    family   pictures,  school  books;  the    library 
of  the  debtor,  not  used  as  a  circulating  lil)rary;  all  wearing  apparel 
of  debtor  and  his  family;  all  beds,  bedsteads  and  bethling  kept  and 
used  for  debtor  and  his  family;  all  stoves  and  appendages,  all  cook- 
ing utensils,  and  all  other  household   furniture,  not  exceeding  .$200 
in  value;  one  gun,  rifle  or  other  firearm,  not  exceeding  $50  in  value; 
two  cows,  ten  swine,  one  yoke  of  oxen,  one  horse  and  one  mule,  or 
ill  lieu  of  one  horse  and  one  mule,  a  span  of  horses  or  span  of  mules; 
ten  sheep,  and  the  wool   from  the  same,  either  in  raw  material  or 
manufactured  into  yarn  or  cloth;  necessary  food   for  all  exempted 
stock  for  one  years'  siipjxjrt,  either  provided  or  growing,  or  both,  as 
the  debtor  may  choose;  one  wagon,  cart  or  dray,  one  sleigh,  one 
plough,  one  drag,  and  other  farming  tools  and  implements;  or  stock 
ill  trade  of  any  mechanic,  miner  or  other  jierson,   used  and  kept  for 
the  ))ur])Ose  of  carrying  on  his  business  or  trade,    not   exceeding  in 
value  .S^OO;  the  library  and  instrunuMits  of  a  professional  man.    All 
the  above  enumerated   property   is,  however,  not   exempt  from  .at- 
taclinieiit  or  execution   issued  upon   judgment  in   an  actinn  for  the 
jnircliase  money  of  same  property.     There  is  further  exemption  to 
an  inventor,  all  his  or  her  inventions  secured  by  letters  patent  of 
the  United  States;  one  sewing  machine,  owned  and  kept  for  the  use 
of  debtor  and  his  family;  any  sword,  plate,  books,  or  other  articles 
jiresented   to   any  jterson  by  Congress    or  the   Legislatures  of  the 
United  States;  printing  materials,  presses  or  press,  not  exceeding 
$1500  in  value,   as  the  owner  may  determine;  the  earning  of  all 
married  persons  who  have  to  provide  for  the  entire  sii]>port  of  a 
family  in  the  State  of  Wisconsin  for  sixty  days  preceding  the  issu- 
ing of  such  process;  and  all  engines,  apparatus  and  e(iiiipments,  in- 
cluding hose,  hose  carts,  ladders,  belonging  in  any  wise  to  a  city  or 


EXEMPTION   AND   LIMITATION  LAWS.  69 

village,  kept  for  the  protection  of  property  from  tire,  together  with 
(lie  engine  liouses,  hook  and  ladder  houses,  and  the  lots  upon  which 
tlic  same  are  built. 

Limitations. — Actions  upon  judgments  recovered  in  the  courts 
(if  record  of  the  State,  and  on  sealed  instruments,  wliere  the  cause 
of  action  accrues  within  the  State,  may  he  lirought  within  twenty 
?/t!«?%s; actions  on  foreign  judgnu'nts,  or  on  sealetl  instruments  where 
the  cause  of  action  accrues  without  the  State,  within  ten  years;  ac- 
tions on  contract,  obligation  or  liability,  express  or  implied,  for 
trespass  on  real  property,  for  taking  or  detaining  goods  or  chattels, 
or  injury  t(j  the  same,  or  injury  to  persons  or  riglits  of  others;  for 
!( lid'  on  the  ground  of  fraud,  within  six  years;  actions  for  libel, 
slander,  assault,  etc., "within  two  years;  actions  against  a  sheriff  for 
the  escape  of  a  prisoner  arrested  on  civil  i>rocess,  within  one  year; 
.idvcrse  possession  by  a  person  claiming  title  founded  upon  a  tleed 
or  other  written  instrument  or  judgment  where  the  land  has  been 
cither  usually  cultivated  or  improved,  or  where  it  has  been  protected 
liy  a  substantial  enclosure,  or  where  not  inclosed  it  has  been  used 
lor  the  supply  of  fuel  or  fencing  timber,  or  wlu're  a  known  farm  or 
hit  lias  been  partly  improved,  for  the  period  of  tioo  years;  or  adverse 
|M)sscssion  by  a  ])erson  claiming  title  not  untb-rsome  written  (h'cree, 
jiidgmeiit  or  instrunu'ut,  where  the  land  has  been  protected  by  a 
siilistantial  enclosure,  the  recovery  of  the  real  estate  thus  held,  is 
liarrcd  in  tv^eiity  years. 

Ji  iKi.MENTS  of  the  Superior  Courts  are  liens  upon  all  real  estate 
of  the  debtor  within  the  county,  from  the  docketing  thereof  for  ten 
years;  transcripts  from  the  lower  courts,  and  from  other  counties, 
.ire  liens  from  the  filing  of  the  certified  co])y  in  the  clerk  of  the  Cir- 
I'uit  Court. 

Mortffages  may  be  foreclosed  l)}'^  advertisement  or  by  proceed- 
iiiiis  ill  <'ourtof  ecpiity;  the  mortgagor  has  one  year  in  which  he  can 
ivilrcm.  .Justice  Courts  luxve  jurisdiction,  where  land  is  not  in- 
volved, to  the  extent  of  .$200  (the  rigiit  is  claimed  to  try  cases 
wlicrc  the  original  debt  exceeded  $200,  but  the  balance  clainu'd  hav- 
ing been  reduced  to  the  limit  of  i?200). 

Washington  Territory. — Exemptions  allowed  by  law:  To 
iioiisoholders,  a  homestead  not  exceeding  $1000;  household  furui- 


fiO  READY  REFERENCE  MANUAL. 

tiire  of  viilue  of   $150;  other  property  to    equal  amount;  tools  of 
mechanic  and  library  of  professional  man  of  value  of  $500. 

liiMiTATioNs. — An  action  to  recover  title  or  possession  to  real 
estate,  must  be  brought  within  twenty  yeara.  Debts  on  a  written 
agrceriicnt  or  contract,  within  aix  yc<irs;  other  verbal  contracts, 
agreenu'Mts,  running  bills  of  account,  three  years. 

JiiuiMENTS  are  liens  upon  all  lands  of  the  debtor  within  the 
county  where  registi-rcd,  from  the  docketing  of  the  same. 

West  Virginia. — Exemptions  are  namely:  Personal  property 
of  any  kind,  to  the  value  of  $200 — in  this  sum  mechanic's  tools  may 
be  included  to  the  value  of  .$50;  this  exemption  can  be  claimed  by 
any  person  of  a  family,  who  can  be  called  the  head  of  the  same, 
within  the  common  meaning.  Any  2)erson  may  have  entered  upon 
the  records,  in  the  clerk's  office  of  the  County  Court,  a  declaration 
of  homestead,  claiming  real  estate  to  the  value  of  ^1000;  but  the 
person  inaking  the  same  must  be  solvent,  as  prior  debts  cannot  be 
barred  thereby. 

Limitations. — Actions  to  ntcover  real  estate  must  be  brought 
within  ten  years  from  the  date  that  action  accrues.  Notes,  con- 
tracts, whether  under  seal  or  not,  within  ten  years;  on  a  store  ac- 
count, within  three  years;  on  all  other  open  accounts  and  bills, 
witliin_/j«e  years;  upon  all  indemnifying  bonds  of  a  liduciary  officer, 
within  ten  years.  Persons  under  age,  insane,  or  otherwise  disabled, 
are  limited  in  all  above  actions  to  twenty  years,  or  until  the  removal 
of  such  disabilities;  all  payments,  or  written  uiidertaking.s,  act  as 
revivers  of  the  time  from  which  the  statute  will  tlate. 

Judgments  are  liens  upon  the  real  estate  of  a  debtor  from  the 
first  day  in  term  after  being  docketed.  Justice  Courts  have  jurisdic- 
tion up  to  $100;  all  court  of  record  judgments  and  transcripts  from 
justice  courts,  are  good  for  ten  years;  real  estate  mortgages  are 
not  recognized  by  statute,  but  are  valid  between  the  parties. 
Trust  deeds  are  used,  and  by  them  the  property  can  be  sold  upon 
thirty  days'  notice,  and  a  deed  in  fee  simple  obtained  therefor. 

DOMINION  OP  CANADA. 

Province  of  Ontario: — The  following  are  exempt  from  exe- 
cutions:— The  beds  and  bedding  in  ordinary  use  by  the  debtor  and 
his  family.     The  necessary  wearing  apparel  of  the  debtor  and  his 


EXEMPTION   AND   LIMITAJION    LAWS.  61 

f;iii\ilv;  c'tTtaiii  houHi'lioId  fiirriitiirt',  oiio  cow,  four  sliccp,  two  liogH, 
;iihI  Coofl  tliorofor  for  thirty  ilays.  'I'ools  jiikI  imj)l('iii('iits  of,  or 
cliallclM  in  onliriuiy  use  to  tlie  value  of  ^UO. 

liiMiiATioNs: — On  siinplc  contracts  for  llic  payment  of  money 
or  ittlicr  common  ol»Ii,u;ations,  within  w/.c  years.  Recovery  to  pos- 
session to  lanil,  ten  years.  Ifpoii  bonds  (ir  olili^ations  under  seal, 
within  twenty  years;  no  new  promise  will,  except  in  writinj^,  stay 
(he  itpcration  of  (he  Ktaute;  payment  on  account  is  at  all  times  a 
pr'uiia  facia  renewal 

Ji/DGMENTs  are  liens  upon  all  real  estate  within  the  county; 
after  lenderinif  and  being  docketed  in  the  sherill'soilice.  They  can 
lie,  or  any  part  thereof,  kept  alive  for  an  indefinite  tinu'  by  the 
pluintitf  or  his  attorney,  renewing  them  each  year  in  the  sherilFs 
oflioe  by  yuporsoription  entry. 

MoKTUAUKs  upon  real  estate,  uidess  reiiorded,  are  not  valid 
against  subsecjuent  cieditors.  All  mortgages  include  a  power  of 
sale,  according  to  the  period  of  notice  therein  sjteclied,  and  the 
same  after  being  advertised  according  to  the  said  specifications  in 
the  mortgage,  and  notices  served  upon  the  mortgagor  and  Jiis  wife 
(if  married)  can  l>e  sold  to  the  liighcst  bidder,  and  if  sold  after  30 
(lays  is  final;  the  mortgagee  can  by  proceedings  in  equity  foreclose 
itisteail  of  selling  by  auction,  at  will;  by  foreclosure  jtrocess  it 
reipiires  at  least  six  mouths. 

La.vds  sold  undeu  tax  on  kxecution  sales  can  be  redeemed 
within  one  j'ear,  upon  payment  of  ten  per  cent  interest  and  all  costs. 
l!ut  lands  cannot  be  sold  under  an  execution  within  a  year  after 
liling,  and  then  upon  three  months  notice  by  advertisement.  Per- 
sonal j)roperty  can  be  sold  by  the  sheriff  after  eight  days'  notice 
after  the  taking  oiit  of  the  execution. 

Magistrates  Courts  ;  The  magistrates  have  only  jurisdic- 
tion (iv(>r  common  disjtutes  between  mast<!r  and  servant  for  wages 
ttc,  along  with  the  right  of  the  iVace  for  ordinary  misdeineanors; 
tlicy  have  the  right  in  almost  every  crime  committed  to  commit  the 
lUlendant  for  trial  to  the  High  Court  of  Justice  and  in  some  cases 
to  fix  the  bail.  Police  magistrates  are  appointed  for  large  towns 
and  cities,  and  have  a  greater  latitude  of  power.  Every  mayor  or 
reeve  of  a  town  or  township,  is  \  Justice  of  the  Peace  by  virtue 


02  UKADY   UKFERENCE   MANUAL. 

of  liiw  ollicc,  wliilf  ill  otliiU'.  The  otlicr  iii;ij,'isl nitt'S  jut  ;i|>|n>iiiliil 
liy  the  PioviiKrijil  Att<»r?ii'y  (It'iicrul,  ;iii<l  liuM  tlii'ir  coinmissioiiM 
(liiriii<^  projK'r  ooiidiicl  and  property  (iu:ilific;itioii  HiiHick'nt,  which 
is  fixL'.l  at  11,200. 

Province  of  Quebec: — Tlir  cxcinittiou.s  aUowcd  a  jud^'mi'iit 

tk'l)tor  arc  as  l"ollow.s  : — onliiiaiy  w'cariiijjf  apparel  of  debtor  and 
liJH  family;  outfit  of  cooking  utensils;  bed  and  be(hlin<^  f(»r  thi'  use 
of  family;  fuel  and  food  for  tiiirty  (hiys  (  not  exeeciliiiL!;  ^-0  in  val- 
lU');  one  milcli  cow,  four  sheep,  two  hogs,  and  fodder  for  all  exi'iiipt 
stock  for  thirty  days;  tools  and  implements  of  use  to  the  value  of 
^:H)  ;  fifteen  hives  of  bees  ;  waives  due  to  the  value  of  necessary 
support  for  thirty  ihiys  if  not  on  hand  ;  wages  not  diu;  and  c(jn- 
sccrated  articles  of  religious  purjioses. 

Limitations: — For  open  aiicounts,  promissory  notes,  bills  of 
exchange  on  sales,  etc.,,/««e  years;  for  <lamages  resulting  from  of- 
fences and  (piasi-offeiices,  wages  of  workuuMi  hired  for  oni-  year  or 
nujre,  sums  due  schoolmasters  and  teachers,  etc.,  ^wo  ye«r,s' y  for 
slander  or  libel,  bodily  injuries,  w.ages  of  donu'stie  servants  and 
farm  lal)orers,  clerks,  employees  hired  for  a  termless  than  one  year, 
and  for  hotel  or  boarding  house  cliarges,  one  year.  After  ten  years 
architects  and  contractors  are  discharged  from  their  warranty  of 
the  work  tliey  have  done  or  directed.  All  other  titles,  things, 
rights  and  actions,  prescril)ed  by  mortgage  deeds  or  otherwise,  thir 
ty  years ;  ten  years  undisturbed  possession  under  a  traiislatory 
title,  in  good  fait li,  prescribes  all  such  servitures. 

JuDii.MKNTs  of  the  courts  are  good  for  thirty  years  ;  tliey  are  a 
lien  on  all  real  estate  within  the  jurisdiction,  from  the  place  ren- 
dered. They  may  be  confes.sed  by  plaintiff  in  court  without 
defence,  or  through  an  attorney. 

An  Unpaid  Vkndor's  Rights  are  as  follows: — (1)  Itight  to 
revindicate  ;  (2)  a  right  to  preference  on  its  price  ;  (.T)  that  the 
sale  w^as  for  ca.sh  ;  (4)  that  the  goods  are  entire  in  the  same  condi- 
tion ;  (5)  that  they  have  not  passed  into  the  hands  of  a  third  i)arty 
who  has  paid  for  them  innocently.  Upon  making  and  substantiat- 
ing this  claim  the  goods  so  sold  can,  at  the  option  of  the  seller, 
be  recovered  within  eight  days  after  the  same  were  sold. 

Traditional  Laws  and  Cuhtoms  are  still  largely  adhered  to 
in  this  province  ;  many  of  them  of  descent  from  the  old  French  Re- 


exf;mf'ti()N  am*  limitation  laws.  68 

jiiil>lii',  l.irufly  <){  a  s(tui-rcli<;ioii.H  kiml  lu-arini;  upon  tlu' Ihwh  of 
tii:irii;i!,'f,  wills,  tiixt's,  i'<|iicati()ii,  I'tc.  Tlii'  native  iH'opJc  ari>  jeal- 
ous ol'  tlii'ir  (Mistorns  an<l  ways,  as  tliey  are  of  their  lanj^uai^e. 

New  Brunswick.— Exoniptions  from  exofution  me  fts  fol- 
lows :  $20  ,a{j;eH  ;  toolH  of  Inulo  are  (!Xoni})l ;  Hiuall  noeosaurioH  in 
fill  iiituro  ;  \  wiriii}^  ivj)j)avel ;  family  heirlooiua  ;  biblew  auil  other 
religions  booK.s,  used  iu  tlio  family. 

LiMiTATioxH. — Hanio  as  in  Ontario. 

Nova  Scotia.— Saiuo  as  New  Brunswick. 

British  Columbia.— Exomptiona :  rerHonal  property  to 
the  value  of  ,*§5()0.  Homestead  to  the  value  of  $2,500,  if  registered 
mulfir  the  "Homestead  Act." 

LiMrrATioNs. — See  Ontario. 

Manitoba.— Soo  British  CohimI)ia. 

Northwest  Territories.— A  farm  of  IfiO  acres  not  exceed- 
ing,' iu  value  !$2,()(J0.  the  settler's  necessary  implements,  seed  grain, 
fodder  for  work  beasts  and  provisions  for  his  family  and  wearing 
apparel,  are  exempt  from  execution  or  attachment. 

Limitations.— Come  under  the  Dominion  Land  Act  as  to  real 
estate  and  to  court  and  commercial  claims,  similar  to  the  Province 
of  Ontario. 


PART  III— CHAPTER  I. 

Laws  of  the  diflVrcnt  !St;itfs  in  tin-  Uiiid'd  Slates  and  of  the  Provinces  of  the 
Dominion  of  (Canada  relating  to  Connn«'r<'ial  paiicr. 

Alabama. — Bills  of  exchange,  notes  payable  at  a  bank  or 
banking  bouse  or  other  certain  place,  three  days  grace  ;  no  other 
paper  has.  All  acceptances  must  be  in  writing,  except  an  uncondi- 
tional promise  in  writing  to  accei)t  (such  a  letter  written  to  drawer) 
a  bill  before  drawn,  amounts  to  actual  acceptance  at  law  if  the 
terms  of  the  letter  are  complied  with.  The  statute  provides  five 
per  cent  damages  on  bills  of  exchange  protested  for  non-acce])tance 
or  non  payment  outside  the  State  when  drawn  within  the  State. 

Arizona. — See  California. 

Arkansas. — Upon  all  sight  and  time  paper,  there  are  three 
days  grace  ;  demand  paper  only,  or  time  paper  specified  "without 
grace,"  bear  none.  Demand  notes  are  protestable  to  hold  indors- 
ers.  When  last  day  of  grace  falls  on  Sunday  or  a  legal  holiday,  the 
paper  is  due  and  payable  the  banking  day  previous.  All  notes  and 
bills  of  exchange  drawn  or  negotiated  within  this  State  and  payable 
after  date  to  order  or  bearer  shall  be  duly  protested  for  non-ac- 
ceptance or  non-payment  and  subject  to  the  following  damages 
thei-efor :  Domestic  bills  2  per  cent,  outside  of  State  but  within 
United  States  4  per  cent,  to  5  per  cent.  Foreign  paper,  10  per 
cent.;  damages  are  upon  the  face  amount  of  bill.  The  damagei^  have 
in  no  case  ever  been  enforced,  and  it  has  practically  become  obse- 
lete. 

California. — The  laws  allow  no  grace  on  any  commercial  pa- 
per made  within  the  State.  In  order  to  hold  an  indorser  on  demand 
note,  but  not  upon  checks  or  sight  or  demand  drafts,  suit  must  be 
brought  within  one  year  after  demand.  All  paper  made  and  paya- 
ble in  this  State  comes  under  this  law.  Indorsers  are  treated  as 
makers  ;  paper  maturing  on  Sunday  or  legal  holiday,  is  payable  the 
banking  day  following. 

Colorado. — All  promissory  notes,  drafts  and  checks  drawn  to 
order  or  bearer  are  negotiable  ;  no  grace  on  sight  drafts ;  checks 


COMMEllCIAL   I'Al'KH.  65 

are  payable  on  i)reKeiitatioii.     Paper  falling  tlue  ou  Suiulay  or  legal 
holidays  is  payable  ami  proteslablo  the  banking  day  preceding. 

Dakota. — Notes,  bills  of  exchange,  checks  drawn  to  order  or 
bearer  are  negotiable  without  defence  in  the  hands  of  a  third  party, 
wlii)  is  innocent  of  the  value  given  for  the  pa})er.  The  only  defence 
in  such  a  case  would  be  that  the  paper  was  a  forgery.  No  grace 
allowed  on  sight,  demand  drafts,  or  checks.  Paper  njatwring  on 
Sunday  or  a  legal  holiday  is  payable  ihe  day  \  rcctdiiig  if  a  bank- 
ing day.  Indorsers  are  jointly  liable  with  uiiikers  if  not  indorsed 
for  accommodation. 

Connecticut. — All  notes  payable  to  bearer  or  order  are  nego- 
tiiil)lo  ;  demand  notes  must  bo  protested,  to  hold  indorser,  within 
four  months  after  demand.  Days  of  grace  are  not  allowed  on 
orders,  drafts  drawn  on  sight,  deuumd  notes,  or  demand  drafts. 
"When  jiaper  niatures  on  a  Sunday  or  leg;d  holiday,  it  is  payable  and 
protcstable  the  day  preceding.  Drafts  drawn  and  dihlionortd  or 
not  paid  and  naurned  protested,  are  subject  to  the  following  dama- 
ges:— OnNow  York  (!ity,  two  per  cent.;  places  in  Maine,  New 
Hampshire,  Vermoiit,  Massachusetts,  Khodo  Island,  and  New  York 
(outside  of  N.  Y.  City),  New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land. Virginia,  three  per  cent ;  on  places  in  North  Carolina,  South 
Carolina,  Ohio,  Indiana,  Illinois,  Michigan,  Iventucky  and  Georgia, 
five  per  cent.,  on  all  other  states  ami  territories  in  the  United 
States,  eight  per  cent. 

Delaware. — The  common  law  is  regaided  in  this  State,  with- 
out any  statutory  innovations  :  all  paper  payal)le  to  bearer  or  order 
is  negotiable;  paper  maturing  on  a  Sunday  or  legal  .holida}'  is  due 
and  payable  on  the  next  banking  day  ;  all  notes  or  bills  of  exchange, 
or  drafts  of  time,  carry  three  days  grace;  sight  drafts,  demand  drafts 
and  notes,  carry  no  grace.  Notes  given  fur  illegal  considerations, 
puyiueut  of  them  cannot  be  enfoici  d,  though  held  by  a  third  and 
innocent  party. 

District  of  Columbia. — Same  as  Delaware  (The  ('onunon 
Law  of  Merchant.) 

Georgia.     -There  is   no  grace   allowed  on   sight  drafts;  notes 
or  other  bills  falling  due  (including  last  day  of  grace)  upon  a  Sun 
day  or  legal  holiday,  are  payable  the  day  preceding.      Person  nego 


66  UEADY   UEFERENCE    MANUAL. 

tiating  paper  after  due,  assumes  the  defences  (if  any)  of  tbe  payer  ; 
notes  or  bills  of  exchange  are  piotestable  that  are  payable  at  banks 
or  brokers'  oftices,  or  when  discounted  there  oi  left  for  collection. 
In  other  cases  to  hohl  indorsers  it  is  not  necessary  to  protest.  Ne- 
gotiators of  paper  without  such  conditions  as  may  appear  on  its  face 
or  back,  are  clear  of  all  defences  set  up  by  the  maker,  except  for 
fraud  and  gambling. 

Illinois. — Promissory  notes,  bonds,  due  bills,  and  other  instru- 
ments in  writing,  may  be  payable  in  money  or  personal  property, 
and  are  assignable  by  indorsement.  The  indorsor  is  released  if  the 
holder  does  not  proceed  against  the  maker  at  tlio  tirst  t(^rm  of  court 
after  maturity  of  the  obligation,  unless  the  institution  of  suit  would 
have  been  unavailing,  or  the  maker  had  absconded  or  resided  with- 
out, or  had  left  the  State  when  the  instrument  became  due.  Protest 
does  not  fix  the  liability  of  the  indorser  ;  it  can  only  be  done  as  be- 
fore stated.  Instruments  payable  to  bearer  are  transferable  by 
delivery,  and  indoisers  of  such  insiiuments  are  liable  as  guarantors, 
unless  otherwise  expressed  in  the  indorsement.  Guarantees  are 
lield  liable  regardless  of  the  diligence  used  in  prosecuting  the 
m.aker,  it  being  an  independent,  or  on  presentment.  Upon  bills  of 
exchange  drawn  or  indorsed  within  the  State,  and  payable  without 
the  United  St  ates,  duly  protested,  ten  per  cent,  damages  are  col 
loctable,  and  upon  those  payable  within  the  United  States,  in  cases 
where  suit  is  brought,  five  per  cent. 

Indiana. — Promissory  notes  payable  to  order,  or  bearer,  at  a 
bank  in  this  State,  and  bills  of  exchange  are  governed  by  the  law 
Merchant.  Promissory  notes,  not  payable  at  a  bank,  sul)ject  to  any 
defence  or  set-ofi' maker  may  have  against  payee,  or  any  subsccpient 
holder,  accruing  before  notice  of  assignment.  On  last  named  notes 
(not  payable  at  a  bank)  maker  must  be  exhausted  before  indorser 
can  be  sued.  Protest  not  necessary  to  hold  indorsers  of  such  notes, 
but  to  hold  them,  maker  nuist  be  sued  at  first  term  of  court  after 
maturity,  unless  he  is  shown  to  have  been  insolvent  at  the  time  of 
such  maturity.  Upon  all  bills  drawn  within  this  State  and  returned 
protested  for  non-acceptance  or  uon  payment,  the  same  is  subject  to 
a  charge  upon  the  principal  sum  of  five  per  cent,  damages,  and  all 
places  within  the  United  States  a  like  charge ;  outside  of  the  U.  S. 
ten  per  cent.     All   paper   time   and   sight  carry  three  days  grace  ; 


COMMERCIAL   PAPETt.  67 

paper  ujaturinj^j  on  Sunday  or  a  loj^al  holiday,  is  due  the  day  pre- 
vious if  a  bankable  day. 

Iowa. — All  paper,  foreign  and  domestic,  is  regarded  as  nego- 
tiable tliat  is  drawn  to  bearer  or  order.  There  is  no  law  inllieting 
damages  other  than  protesting  ui)on  (joiuinercial  paper.  Grace  is 
allcnved  upon  all  time  paper,  and  sight  drafts.  The  law  of  accept- 
ance leaves  it  open  to  accept  payable  at  a  certain  ])]ace  or  generally 
iis  preferred.  Paper  maturing  on  Sunday  or  legal  holiday  is  payable 
the  day  previous,  as  in  Ijidiana. 

Kansas. ^All  bonds,  2>i't)missory  notes,  bills  of  exchange, 
foreign  or  inland,  drawn  for  any  sum  or  sums  of  money  ceitain,  and 
made  payable  to  any  person  or  order,  or  to  any  jx'rson  and  bearer, 
shall  be  negotiable  by  indorsement  therein  if  payable  to  oj  der,  and 
by  delivery  if  payable  to  bearer,  so  as  to  al)holiit<!ly  transfer  and 
vest  the  property  thereof  in  each  and  every  indorser  or  holder  suc- 
cessively ;  but  nothing  in  this  shall  be  construed  to  make  any  such 
paper  drawn  to  any  person  alone,  and  not  drawn  payable  to  any 
order,  bearer  or  assigns,  negotiable.  All  such  paper,  except  bank 
checks  and  sight  drafts,  carry  three  days  grace.  If  such  paper 
matnres  with  its  last  day  of  grace  on  a  Sunday  or  holiday,  is  is  due 
and  protostable  the  banking  dav  previous.  All  acceptances  must  be 
signed  by  the  acceptor. 

Kentucky. — Bills  of  exchange,  foreign  and  inland,  drafts  and 
checks,  are  negotiable.  Promissorx  notes,  i)ayable  to  any  person 
or  corporation  and  payable  at  a  baidv  in  the  State,  and  indorsed  to 
iuul  discounted  at  any  bank  in  the  State,  are  negotiable  in  the  same 
manner  as  foreign  bills  of  exchange.  Negotiable  paper  must  be 
l)rotested  for  non-acceptance  or  non-payment,  and  notice  given  to 
indoi'sers  or  drawers.  Promissory  notes  not  negotiable  may  be 
assigned,  but  the  assignee  takes  them  suV)ject  to  all  defences  which 
the  maker  would  have  against  the  payee.  Th  '  assignee  cannot 
recover  from  the  assigner  of  notes  not  discounted,  beyond  the 
iuiionut  paid  for  the  assignment,  and  can  only  recover  this  after  he 
'las  prosecuted  the  maker  to  u. 'olvency  with  all  due  diligence, 
wliich  has  been  construed  to  mean  :  to  bring  suit  at  the  first  term 
of  com  t  after  the  note  falls  due,  and  if  this  is  not  done,  the  maker 
is  released. 


68  KEADY   llEFEKENCE  MANUAL. 

Louisiana. — No  bill  of  exchange,  promissory  uote,  or  other 
obligation  for  the  payment  of  money,  made  within  this  State,  shall 
be  received  as  evidence  of  debt,  when  the  whole  sum  shall  be 
expressed  in  fiynres  ;  the  cents  may  be  in  figures.  Bills  of  ex- 
change, promissory  notes  and  connnercial  paper  which  are  re- 
quired to  be  protested  for  non-]myment,  shall  be  due  and  payable 
the  day  follornhiy  the  third  or  last  day  of  grace,  if  such  day  falls 
on  Sunday  or  a  legal  holiday  (or  the  bankable  day  next  after.) 
All  notes  payable  to  order  or  bearer  are  negotiable.  All  time  and 
sight  pai)or  is  protestable  on  the  last  day  of  grace.  Notes,  bills, 
stocks,  etc.,  may  be  pledged  or  pawned  for  money ;  such  pledge  or 
pawn  is  valid  as  to  parties  themselves  and  third  persons,  without 
further  formalities. 

Maine.— Bills  of  exchuiige  (foreign),  drafts,  checks  and  prom- 
issory notes  payable  to  bearer,  the  maker  or  his  order,  or  the 
order  of  any  third  party,  are  negotiable.  Three  days  grace  is 
allowed  in  payment.  If  not  so  paid,  must  be  protested,  and  cer- 
tificate of  protest  is  evidence  of  presentation,  and  non-payment 
notice  must  be  immediately  given  indorssr  to  charge  him.  All 
acceptance  must  be  in  writing  to  be  legal. 

Maryland. — See  Delaware. 

Massachusetts. — All  notes,  bills,  drafts  of  time  and  at  sight, 
and  other  commercial  paper  of  a  like  nature,  has  three  days  grace, 
and  when  payable  to  bearer  or  order,  is  negotiable.  Demand  notes 
must  be  protested  at  the  expiration  of  eixty  days  if  indorsed,  to 
hold  indorsation  good  at  law.  When  the  third  day  of  grace  falls 
on  Sunday  or  a  legal  holiday,  the  pajjer  is  due  and  protestable  the 
banking  day  preceding. 

Michigan. — All  paper  negotiable  by  the  custom  of  merchants, 
is  negotiable  in  this  State.  Promissory  notes,  bills  of  exchange, 
drafts  and  checks  pans  by  simple  indorsement,  and  in  hands  of 
botuijide  holder  receiving  the  paper  before  due,  are  not'subject  to 
equities  between  previous  parties.  Holders  may  sue  indorsers  and 
makers  separately  or  collectively.  Notes  given  for  patent  rights, 
are  required  h\  law  to  have  these  words  : —  "  Given  for  a  i>atent 
right ''  either  written  or  printed  in  plain  type  or  letters  across  its 
face.     (This  latter  t'ondition  upon  a  note,   given  for  patent  right, 


COMMERCIAL   TArER.  (10 

in  belt!  by  the  courts  of  this  State  to  be  uucoustitutioual.  The 
law  of  commou  commorce  the  world  over,  is  supposed  to  be 
founded  upon  justice  and  equity  to  all  engaged  in  trade  or  com- 
merce. That  ft  patentee  of  a  useful  invention  or  device  should  bo 
compelled  to  suffer  a  cloud  upon  paper  he  might  receive  for  the 
right  to  manufacture  his  invention  or  operate  his  device,  because 
other  worthless  impositions  have  been  unlawfully  passed  upon  the 
public,  seems  to  be  too  plain  to  need  any  answer,  beyond  a  reason- 
able thought.) 

Minnesota. — The  law  of  this  State  does  not  give  its  defini 
tion  of  negotiable  paper.  Liability  of  indorsers  is  fixed  by  protest 
and  notice.  Notice  of  protest  must  be  made  in  writing,  and  such 
notice  may  in  all  cases  be  given  by  depositing  the  same  in  the  post- 
offico,  postage  paid,  and  directed  to  the  party  protested  against,  at 
his  reputed  place  of  residence.  Indorsers  and  makers  may  all  be 
joined  in  case  of  suit  at  option  of  plaintiff.  To  charge  an  indorser 
of  a  demand  note,  note  must  be  presented  on  or  before  sixty  days 
from  date.  On  all  bills  payable  at  sight,  or  at  a  future  day  certain 
within  this  State,  and  on  all  negotiable  promissory  notes,  orders 
and  drafts  payable  at  a  future  day  certain  within  this  State,  in 
which  there  is  not  an  express  stipulation  to  the  contrary,  grace 
shall  be  allowed  in  like  manner  as  it  is  allowed  by  the  custom  of 
merchants  on  foreign  bills  of  exchange,  payable  at  the  expiiation  of 
certain  period  after  date,  or  sight.  Grace  is  not  allowed  on  demand 
paper.     No  acceptance  good  unless  accepted  in  writing. 

Missouri. — No  acceptance  of  a  bill  of  exchange  is  valid  unless 
in  writing,  and  if  the  acceptance  is  not  written  on  the  same  jDiqier 
with  draft  it  does  not  bind  the  acceptor,  except  in  favor  of  a  person 
who  has  seen  such  acceptance  or  taken  the  bill  for  value  in  good 
faith  thereof.  Promissory  notes  ])ayuble  to  order  or  bearer  and  ex- 
pressed so  to  be  "for  value  received"  are  negotiable.  .iMinwjes 
are  allowed  the  holders  of  bills  or  negotiable  pa[)er  (  when  not 
payee's)  upoii  protest  thereof,  as  follows: — (1)  When  same  are 
made  or  drawn  in  this  State  and  protested  foi*  non-acceptance  or  non- 
payment, 4  per  cent  of  the  amount  named  iu  the  instrument;  (2) 
when  same  are  made  or  drawn  out  of  the  United  States  or  Territo- 
ries, 10  per  cent ;  ( 3 )  when  same  are  made  or  drawn  out  of  the 
United  States,  20  per  cent.     These  sums  are  recoverable,  but  no 


70  READY   REFERENCE   MANUAL. 

protest  fees  are  cbargeable  ;  and,  in  case  of  paper  made  payable  iu 
Missouri,  may  bo  avoided  by  payment  of  the  actual  protest  fees, 
the  principal  and  interest  within  twenty  days  after  such  dishonor. 
A  refusal  to  redeliver  a  bill,  tenderetl  for  acceptance  or  its  destruc- 
tion, is  in  law,  the  acceptance  theieof.  All  bills,  drafts,  or  orders, 
drawn  upon  a  resident  of  thii^  State,  and  payable  on  its  face  "  at 
sight "  or  "  on  demand  "  have  no  days  of  grace.  Notice  of  dishonor 
must  be  proniplly  given  to  iudorsers,  otherwise  they  are  discharged. 
Protest  of  inland  bills  and  notes  is  not  necessary,  but  is  customary 
and  advisable.  Notes  and  bills  falling  due  on  Sunday  or  a  legal 
holiday  are  payable  and  protestable  the  banking  day  previous.  Con- 
ditions embodied  in  a  note  destroys  its  negotiability,  such  as:  •'  5 
per  cent  for  attorney  fees  will  be  charged  for  collection."' 

Montana. — Same  as  Maryland,  (  The  Law  of  ^Merchant) 

Nebraska. — All  bonds,  promissory  notes,  bills,  or  oxchango, 
foreign  and  inland,  drawn  for  any  sum  or  sums  of  money  certain  and 
made  payable  to  any  person  or  order,  or  to  any  person  and  assigns, 
shall  be  negotiable  by  indorsement  thereon,  so  as  absolutely  to 
transfer  and  vest  the  property  thereof  in  each  and  every  indorsee 
successively,  but  not  so  if  such  paper  is  drawn  to  any  person  alone 
and  not  drawn  to  or  payable  to  order,  bearer  or  assigns  ;  if  such  paper 
is  made  payable  to  bearer  it  shall  be  transferable  by  delivery.  In- 
dorsee may  sue  in  his  own  name  the  maker,  drawee  or  obligar,  etc. 
All  such  negotiable  paper  shall  bo  entitled  to  three  days  grace  in  the 
time  of  paj'nient;  and  the  demand  of  payment  from  the  maker,  on 
the  third  day  of  grace,  or  of  accej^tanco,  if  tho  paper  be  a  sight  draft 
and  notice  thereof  to  the  indorsor  bo  made  within  reasonable  time, 
shall  be  adjudged  due  diligence.  If  paper  is  indorsed  after  due,  it 
is  subject  to  all  defences  existing  between  original  parties,  and  if  in- 
dorsed before  due  maker  may  prove  any  payments  made  on  showing 
indorsee  had  notice  thereof  before  paper  was  indorsed  to  him.  Diaw- 
er  or  indorsei'  shall  be  subject  to  the  payment  of  12  per  cent  damages 
if  protested,  when  diawn  upon  persons  or  person  or  body  corporate, 
without  the  jurisdiction  of  the  United  States,  and  G  per  cent  if  drawn 
upon  any  person  within  tho  jurisdiction  of  the  United  States,  and 
without  tho  jurisdiction  of  Nebraska. 

New    Hampshire.— Promissory    notes,    bills    of    exchange, 
drafts  and  checks  are  generally  negotiable  by  indorsement  and  be- 


COMMERCIAL  rAPER.  71 

fore  clue  are  in  the  hands  of  a  bona  fide  holder  for  value,  clear  of  all 
equities  or  set-oflf  between  the  original  parties.  Notes  payable  on 
demand  are  by  the  statute  considered  overdue  in  sixty  days  from 
date.  Overdue  notes  are  negotiable,  but  are  subject  to  existing 
ecjuities  between  original  parties  at  time  of  transfer.  By  the  decis- 
ion of  the  Supreme  Court  of  New  Hampshire  all  names  upon  a  note, 
whether  upon  the  face  or  on  the  back,  before  its  negotiation,  are 
holden  as  promissor.  The  maker  and  indorser  of  a  note  are  all  re- 
garded as  principals  as  far  as  the  holder  is  concernetl,  and  he  may 
elect  which  to  sue.  He  may  sue  them  all,  but  can  have  but  one  sat- 
isfaction of  the  debt.  Demand  and  notice  of  non  payment  are  nec- 
essary to  fix  liability  of  an  indorser.  The  bona  fide  holder  of  a  note 
indorsed  and  transferred  before  maturity  for  value,  and  without 
notice  of  illegality,  takes  it  free  from  all  defences  between  the  oriy- 
inal  parties.  Forged  notes,  notes  signed  by  an  agent  without 
authority,  or  by  an  infant,  or  an  alien  enemy  in  time  of  war,  are  ex- 
ceptions to  the  above  rule,  but  a  married  woman  can,  like  an  infant, 
only  rescind  her  contracts  upon  restoring  the  property  received  under 
them. 

New  Jersey. — Bills  of  exchange  or  promissory  notes  are 
goveinc'd  by  the  Law  Merchant,  or  common  law.  All  drafts,  except 
those  on  baidcing  institutions,  have  three  days  grace.  Drafts  and 
notes  due  on  a  legal  holiday,  are  payable  on  the  banking  day  previ- 
ous :  notice  of  non-paj'ment  to  be  given  the  day  after.  But  if  a  legal 
holiday  (  other  than  Sunday  )  should  happen  on  Snndaj'  or  Monday, 
hills  are  payable  on  Tuesday,  and  the  notice  may  be  given  on 
Wednesday.  Notices  may  be  given  by  mail  in  all  cases.  All  holi- 
days falling  on  Sunday,  the  day  is  held  to  celebrate  on  IVIonday. 

New  Mexico. — Makers,  indorsers,  payees,  guarantors  of  bills 
of  exchange  or  promissory  notes,  have  the  same  rights,  and  are  sub- 
ject to  the  same  liabilities,  as  at  connnon  law,  except  no  days  of  grace 
ai(!  allowed.  Paper  falling  due  on  Sunday  or  on  a  legal  holiday, 
is  payable  on  the  next  banking  day  thereafter.  Notes,  bonds,  due 
bills,  and  all  instruments  in  writing,  of  which  the  maker  promises  to 
]'ay  to  another,  or  order,  or  bearer,  a  sum  of  money  in  property  or 
labor,  are  assignable  by  indorsement. 

New  York. — Bills  of  exchange  (foreign),  drafts,  checks,  and 
promissory  notes  payable  to  the  order  of  maker  or  the  order  of  an- 


72  READY   UEFERENCE   MANUAL. 

otlior  or  tliiij  part}',  are  negoLiiihlo  by  iudorHeiiient.  The  delivery 
of  a  note  payable  to  bearer  is  a  transfer  at  law.  Three  days  grace 
is  allowed  on  all  ])apor  of  time.  Inland  sight  drafts  and  demand 
notes  have  no  grace.  Paper  maturing  on  Sunday  or  upon  a  legal 
holiday  is  payabU;  the  day  previous  if  a  banking  day.  Protest  cer- 
tificate is  lawful  evidcjue  in  any  court  of  non-payment  or  non  ac- 
ceptance. Notices  must  be  immediately  mailed  to  all  indursers  to 
bind  them  with  maker. 

North  Carolina. — Bills,  bonds,  and  promissory  notes,  &c., 
are  transferable  by  indorsement.  Such  assignment  befoie  maturity 
passes  title  free  from  all  equities.  But  assignment  after  maturity 
is  subject  to  the  equities  arising  between  debtor  and  assignor,  be- 
fore notice  of  assignment  to  debtor.  An  indorser  of  a  note  i«> 
deemed  a  surety  ;  and  no  demand  on  maker  is  necessary  before  suit 
against  surety  or  indorser.  This  does  not,  however,  apply  to  bills 
of  exchange,  inland  or  foreign.  Protest  of  notes  not  necessary  to 
hold  maker.  Protest  is  necessary  on  all  bills  to  hold  drawer,  and 
is  necessary  on  all  bills  to  hold  indorser.  Unless  otherwise  ex- 
pressed in  the  body  of  note,  all  notes  with  no  rate  of  interest  stipu- 
lated, will  bear  interest  at  the  legal  raie,  after  maturit3%  until  paid. 

Ohio. — Bonds,  promissory  notes,  foreign  or  domestic  bills  of 
exchange  and  checks  for  any  sum  certain,  payable  to  any  person,  or 
order,  or  bearer,  or  assigns,  are  negotiable.  Tliey  are  entitled  to 
grace,  if  payable  at  day  certain  after  date,  or  after  sight,  excepting 
checks,  bills  of  exchange  or  drafts,  on  their  face  drawn  on  any  bank, 
banker,  broker,  exchange  broker,  or  banking  company  ;  and  such  ex- 
cepted paper  need  not  be  protested  for  non  acceptance,  or  notice  given 
of  non-acceptance.  The  indorsement  of  a  stranger  to  a  note  before 
delivery  nuikes  him  a  maker,  indorser  or  guarantor  ;  unless  so  in- 
tended by  the  parties,  a  negotiable  instrument  given  for  a  pro  exist- 
ing debt  does  not  pay  the  debt.  Paper  falling  due,  by  last  day  of 
grace,  on  Sunday  or  a  public  bank  holiday,  is  due  and  protestable 
tho  banking  day  preceding. 

Pennsylvania. — Promissorj'  notes,  bills  of  exchange,  drafts 
and  checks,  are  generally  negotiable  by  indorsement,  and  if  they 
contain  the  words  "without  defalcation"  or  "without  set-oft""  are, 
in  tho  hands  of  a  bona  iide  holder  for  value,  clear  of  all  equities  or 
set -oil'  between  the  original  parties.     Overdue  notes  are  not  uego- 


COMMER   TAL  TAPEB.  78 

tiable,  but  are  subject  to  existii  equities.  By  tbe  decision  of  tbe 
Supreme  Court  of  Pennsylvaii  .,  wbere  a  note  is  indorsed  by  a 
third  party,  before  delivery  to  j.  ;yee  named  in  it,  such  indorser  is 
not  responsible  to  the  payee,  uul  hs  he  agreed  in  writing  to  guaran- 
tee tbe  note  to  payee.  He  takes  the  j^osition  of  second  indorser, 
and  as  sucb  is  responsible  only  to  subsecjuent  holders.  The  Su- 
preme Court  of  the  United  States,  however,  has  decided  that  such 
indorser  may  be  responsible  to  the  payee,  and  if  the  latter  be  a  res- 
ident of  another  state  lie  could,  tuerefore,  recover  on  such  a  note 
ill  the  United  States  Courts.  Tli<-  holder  of  a  promissory  note  may 
bring  suit  against  the  maker,  or  any  one  of  the  jirior  indorsers,  or 
he  may  bring  separate  actions  against  all,  at  his  pleasure.  He  can 
have  but  one  satisfaction.  Either  protest  or  actual  notice  of  non- 
payment is  necessary  to  hold  the  indorsers  responsible,  but  neither 
is  necessary  to  hold  the  maker.  Any  promissory  note  or  negotiable 
instrument  given  for  a  patent  right  must  have  the  words  "  Given 
for  a  i)atent  right  "  prominently  written  or  printed  over  the  signa- 
ture, and  such  note  in  the  hands  of  any  purchaser  or  holder  is  sub- 
ject to  the  same  defences  as  in  the  hands  of  the  original  holder. 
But  an  innocent  holder  of  a  note  taken  before  maturity  without 
tliose  words  in  it  is  not  aft'ected  by  such  defence.  But  it  is  a  mis- 
demeanor to  take,  sell  or  transfer  any  promissory  note  or  negotiable 
instrument,  known  to  have  been  given  for  a  patent  right,  without 
those  words  so  written  or  printed  over  the  signature. 

Rhode  Island. — Promissory  notes  and  bills  of  exchange  ne- 
gotiable or  iudorsable,  according  to  the  custom  of  merchants 
which  follows  the  Law  of  Merchant ;  all  time  paper  and  sight  drafts 
have  three  days  grace.  To  hold  indorsers  must  be  protested ;  in- 
dorsers, are  then  held  as  joint  makers. 

South  Carolina. — Foreign  bills  of  exchange  and  promissory 
notes  are  negotiable.  If  amount  of  bill  is  more  than  $100,  endorser 
is  not  liable  unless  protested  for  non-payment.  All  bills  of  ex- 
change payable  at  sight,  whether  foreign  or  domestic,  are  entitled 
to  three  days  grace.  Interest  to  run  from  date  of  protest  for  non- 
payment or  non-acceptance. 

Tennessee. — Statute  law  the  same  as  common  law,  with  few 
minor  exceptions.    The  holder  can  sue  maker,  drawer,  acceptor,  or 


74  HEADY  IlEFERENCE  MANUAL. 

either  imlorscr,  without  reforence  to  liability  on  the  note  or  bill. 
IJill  of  exchange  drawn  or  indorsed  in  Tennessee,  drawii  upon  a 
person  or  corporation  out  of  the  State,  and  returned  unpaid  and  pro- 
tested, payee  may  recover  from  dr.awer  or  indorsers,  besides  pro- 
test fees,  princijKil  and  interest,  damages  as  follows  : — three  per 
cent,  if  drawn  on  person  or  corporation  within  the  U.  S.  or  Terri- 
torii'S  ;  lifteen  per  went,  if  drawn  upon  any  person  or  corpor.ation 
in  any  other  part  of  North  America  or  Islands  lying  in  or  border- 
ing on  the  Gulf  of  Mexico  ;  twenty  per  cent.,  if  drawn  on  jtersons 
or  corporations  in  any  other  part  of  the  world. 

Texas. — Assignment  fully  recognized.  Assignee  m.ay  bring 
suit  in  his  own  name.  If  obtained  after  maturity,  all  just  discounts 
against  assignor  allowed  against  assignee  ;  not  so  if  obtained  before 
maturity  for  a  valuable  consideration,  and  without  notice  of  dis- 
count or  defence  against  the  note.  The  liability  of  the  drawer  of  a 
bill  of  exchange,  or  indorser,  or  the  indorser  of  a  promissory  note, 
is  secured  and  fixed,  Avithout  protest  or  notice,  by  suit  at  first  term 
of  court  (See  Illinois)  after  right  of  action  accrues.  When  amount 
is  within  the  jurisdiction  of  the  magistrates'  court,  the  same  may  be 
sued  within  sixty  days  tliereafter.  Three  days  of  grace  allowed  on 
all  negotiable  paper,  including  siglit  drafts. 

Utah. — Ilegulated  by  Law  ^Merchant. 

Vermont. — Promissory  notes,  bills  of  exchange,  drafts,  and 
checks,  with  negotiable  words,  are  negotiable  in  conformity  with 
the  rules  of  general  Mercantile  Law,  and  in  the  hands  of  any  bona 
fide  bolder  of  value,  becoming  such  before  maturity,  are  clear  of 
defences,  good  between  original  parties,  without  words  to  that  ef- 
fect. An  indorsui'  who  is  not  a  party  \^ prima  facie  joint  promissor 
— and  if  there  are  sureties,  co-surety,  if  he  so  indorse  after  deliv- 
ery of  note,  and  not  in  pursuance  of  any  contract  made  at  time  of 
delivery,  upon  his  showing  the  fact  he  will  be  lield  prima  facie,  as 
collateral  guarantor,  and  as  such  entitled  to  reasonable  notice  of  de- 
fault of  principal.  If  a  note  so  indorsed  be  negotiated,  and  the  en- 
dorsee would  hold  such  guarantor  as  joint  promissor,  the  burden 
of  proof  is  ujjon  the  former  toshowhimself6cwa/«f?e  holder  of  value. 
It  is  the  duty  under  heavy  penalty,  of  vendor  of  patent  right,  or  right 
claimed  by  him  to  be  such,  who  takes  any  promise  or  obligation  in 
writing  of  which  the  consideration,  in  whole  or  part,  is  such  right, 


COMMERCIAL  PAPEn.  76 

to  insert  in  body  of  sucli  instriinK'Ht  above  signature,  in  prominent 
iuid  lc<,'ible  writing  or  print,  the  words  "  Given  for  a  patent 
right,"  and  such  instrument  is  subject  in  any  hands  to  all  defences 
good  between  original  parties  ;  such  instrument  is  not  rendered 
void  by  omission  of  above  required  words,  but  is  good  in  hands  of 
biyita  Jkle  holders  of  value,  who  takes  it  before  maturity  and  with- 
out notice.  When  paper  falls  due  on  a  legal  holiday  or  Sunday,  it 
is  payable  and  protestable  the  banking  day  preceding.  Time  paper 
has  three  days  grace.  Sight  and  demand  paper  no  grace.  Paper  dis- 
counted at  a  bank  or  banking  house  or  trust  company,  and  made 
payable  at  a  bank  or  certain  place,  and  if  left  for  collection  or  dis- 
fountcd  at  such  bank  or  banking  Louse  or  trust  company's  place, 
tlie  i)ayor  need  not  l»e  notified,  but  if  the  paper  is  made  payable 
at  no  certain  place  and  the  payee  assigns  it,  the  assignee  must  noti- 
fy the  payor  or  any  other  creditor  of  the  payee  could  attach  by 
trustee  or  execution  the  same  by  serving  a  trustee  upon  the 
payor  thereby  depriving  the  assignee  of  his  claim. 

Virginia. — The  law  of  Virginia  in  regard  to  commercial  pa- 
per recognizes  the  negotiability  of  all  foreign  bills  of  exchange, 
but  provides  that  only  "  every  promissory  note"  or  check  for  money 
jiayable  in  this  State,  at  a  particular  bank,  or  at  a  particular  office 
thereof  for  discount  and  deposit,  or  at  a  place  of  business  of  a  sav- 
ings institution  or  at  a  place  of  business  of  a  licensed  broker,  and 
every  inland  bill  paj^able  in  this  State  shall  be  deemed  negotiable. 
Promissory  notes  not  payable  as  above  may  be  transferred,  and  if  not 
jiaid  when  due  may  be  sued  on  by  the  holder,  but  any  oflFset  or 
matter  of  defence  which  the  maker  would  have  against  the  note 
may  be  set  up  in  action  ])y  such  holder  though  he  was  an  endorsee. 
Bills  of  exchange,  both  foreign  and  inland,  may  be  accepted  gener- 
ally (even  though  drawn  on  a  particular  place,  when  the  bill  must 
be  presented  to  the  acceptor  wherever  he  may  be  )  or  specially  pay- 
able at  some  particular  place.  All  time  and  sight  paper  payable  at 
banks,  etc,,  have  three  days  grace.  Notes  or  bills  falling  due  on 
Sundays  or  legal  holidays  are  payable   the  banking  day  preceding. 

Wyoming  Territory. -Same  as  Rhode  Island,  follows  the 
Law  Merchant. 

Wisconsin. — All  notes  in  writing  made  and  signed  by  any 
person  or  corporation,  or  by  an  agent  having  general  or  special  au- 


76  READY  REFEIIENCE   MANUAL. 

tlioi'ity,  and  certificates  of  deposit  issut'i]  by  iiiiy  iktsoii  or  corjx)- 
ration  and  payalde  to  order  or  bearer,  arc  iiej^otiable  as  inlaiuJ  bills 
of  exclmuge,  upon  which  throe  days  grace  are  allowed,  except  notes 
and  drafts  payable  on  demand.  Notes  given  for  patent  rights 
must  contain  in  the  body  of  the  note,  above  the  signature,  in  prom- 
inent and  legible  writing  or  print,  the  words  "  Given  for  a  patent 
right."  Notice  of  protest  by  notary  nuist  be  made  and  delivered, 
l)y  mail,  to  each  person  entitled  to  such  notice.  All  paper  falling 
due  on  Sunday  or  a  legal  holiday  is  payable  and  protestable  the 
day  of  banking  previous. 

Washington  Territory.— Same  as  Rhode  Island ;  the  Law 
of  Merchant. 

West  Virginia. — "  Every  promissory  note  or  check  for  money 
payable  in  this  State  at  a  particular  bank  or  at  a  particular  office 
thereof  for  discount  or  deposit,  or  at  a  place  of  business  of  a  savings 
bank  or  institution,  and  every  inland  bill  of  exchange  payable  in 
this  State,  shall  be  deemed  negotiable."  Bills  of  exchange,  though 
payable  at  a  particular  place,  will  be  deemed  accepted  generally, 
unless  the  accej^tance  express  it  is  to  be  payable  at  some  particular 
place  "  only."  Promissory  notes  other  than  those  mentioned  may 
be  transferred  and  the  holder  may  sue  on  them,  but  he  takes  such 
notes  subject  to  such  set-offs  as  the  paj'ee  may  have  against  the 
payment  at  the  time.  There  is  no  protest  necessary  on  the  latter 
class  or  upon  any  bills  or  notes.  A  written  notice,  however,  is  cus- 
tomary, but  it  is  for  courtesy  more  than  law. 

DOMINION  OF  CANADA. 

Province  of  Ontario. — Three  days  grace  are  allowed  upon 
all  bills  of  exchange,  promissory  notes,  drafts,  including  sight 
drafts  ;  demand  notes  and  drafts  are  payable  on  demand,  and  if  not 
so  paid  are  protested.  Protest  fixes  the  liability  of  all  indorsers 
and  the  holder  if  for  value  before  maturity  is  free  from  all  defences 
between  the  original  payee  and  payor.  The  only  defences  that  can 
be  maintained  are :  notes  that  are  given  by  a  minor,  forged,  or 
given  for  gambling.  The  courts  in  the  latter  have  expressed  a  doubt, 
if  the  holder  had  no  positive  knowledge  of  it.  Paper  maturing  on 
Sunday  is  due  the  next  day.     l*aper  maturing  on  a  holiday  (except 


COMMERCIAL   PArEU.  77 

Gootl  Friday,  and  ChristinaH)  is  duo  and  protestable  the  same 
day  if  a  businesH  day  ;  paper  falling  duo  on  Good  Friday  and  Christ- 
inaH, is  payable  the  next  business  day.  Upon  othcir  holidays,  the 
banks  keep  the  wicket  open  for  payment  '*  only  of  bills  maturin<{.'* 
Notes  given  for  patent  rights,  must  state  upon  the  face,  "  Given  for 
patent  right."     Bills  Stami)  Act  has  been  abolished. 

Province  of  Quebec. — Bills  of  exchange  and  i)ro::iis8ory 
notes  are,  when  i)ayable  to  bearer,  negotiable  and  transferable,  the 
tirst  by  indorsement,  the  latter  by  delivery.  The  protest  fixes  the 
liability  of  every  iiidorser  as  a  joint  maker,  only  that  if  sued  and 
judgment  given,  the  sheriir  may  give,  at  his  privity,  ineferenco  to 
the  indorsers.  Indorsers  are  relieved  if  the  holder  grants  extension 
for  payment  by  accepting  the  maker's  note,  and  the  protested  old 
notes  as  collateral,  without  notifying  the  indorsers.  Three  days 
grace  are  allowed  upon  all  time  and  sight  i)aper.  Bills  falling  due 
on  Sunday  or  holidays  are  payable  the  next  banking  day. 

Nova  Scotia. — Same  as  Quebec. 

New  Brunswick.— Three  days  grace  are  allowed  for  the 
payment  of  all  sight  and  time  paper.  Every  kind  of  commercial 
paper  must  be  protested  to  hold  indorsers,  unless  guarantors  who, 
in  indorsing  a  note  or  bill,  check  or  draft,  write  in  their  own 
hand,  above  their  signature,  "  I  (or  we)  guarantee  the  payment 
hereof."  Protest  notice  from  a  notary  of  the  public  mailed  the  same 
day  to  all  indorsers,  fixes  the  liability  upon  them  all  alike.  Paper 
falling  due  on  Sunday  or  legal  holiday  is  payable  the  day  following. 

Prince  Edward  Island.— Same  as  New  Brunswick. 

Manitoba. — Same  as  Ontario.  Only  no  condition  restricting 
patent  right  notes. 

Northwest  Territories.— Same  as  Ontario.  Except  no 
patent  right  condition. 

British  Columbia. — Same  as  Ontario.  Except  no  patent 
right  condition. 


PART  IV— CHAPTER  I. 

Interest  Ijaws  of  eacli  State  and  Territory  of  the  United  States  and  tli(> 
Provinces  of  Canada. 

Alabama. — Eight  per  cent,  per  nunum  is  the  legal  interest;  a 
higher  rate  (except  by  licensed  pawnbrokers)  is  usurj',  and  cannot 
be  collected. 

Arizona. — Persons  can  contract  for  whatever  rate  of  interest 
they  see  fit.  7  per  cent,  is  the  rate  allowed  by  law  where  no  inter- 
est is  specified. 

Arkansas. — Agreements  to  pay  any  rate  is  lawful  under  10 
per  cent.,  over  that  rate  non-collectable.  The  legal  rate  is  G  i)er 
cent,  per  annum. 

California. — See  Arizona. 

Colorado. — AVhere  no  interest  is  agreed  upon  the  rate  al- 
lowed by  law  is  10  per  cent. 

Connecticut. — Six  per  cent  is  the  legal  rate ;  more  can  by 
agreement  be  lawfully  collected. 

Dakota. — Seven  per  cent,  is  the  legal  rate  ;  12  per  cent,  can 
be  charged  by  agreement.  Higher  rate  act  as  a  forfeiture  of  all 
interest. 

Delaware. — R'^^  per  cent  is  the  legal  rate  (except  to  pawn- 
brokers). Any  chai  jaads  either  by  discounts  or  otherwise  that 
exceeds  this  rate,  fc.ieits  both  principal  and  interest. 

District  of  Columbia. — Ten  per  cent.  ])y  ar  veement ;  6  per 
cent,  where  no  .  ate  is  stipulated.  If  more  than  these  rates  are 
charged  the  penalty  imposed  is  the  forfeiture  of  all  interest. 

Florida. — Eight  per  cent,  is  the  rate  by  law  where  no  rate  is 
stipulated.  Agreements  by  parties  no  matter  what  amouni  If 
duress  cannot  be  set  up,  is  collectable  at  law. 

Georgia. — Six  per  cent,  allowed  by  the  courts ;  7  per  cent, 
upon  all  commercial  paper ;  8  per  cent,  under  mortgage  or  bond 
or  such  like  agreements. 


INTEREST   LAWS.  79 

Idaho. — From  10  per  cent,  per  annum  upwards  to  2  per  cent, 
per  mouth  is  lawful.  Higher  rates  are  illegal  and  impcses  a  pen- 
alty of  treble  the  amount  charged  to  be  deducted  from  the  princi- 
pal amount. 

Illinois.— See  District  of  Columbia. 

Indiana. — Six  per  cent,  is  the  legal  rate.  By  agreement  8 
per  cent,  can  be  collected.  Excess  of  these  rates,  the  law  provides 
that  the  legal  rate  alone  will  be  allowed  (6  per  cent.) 

Iowa. — The  legal  rate  is  6  per  cent,  per  annum.  In  contracts  as 
high  as  10  per  cent,  can  be  collected.  Store  accounts  bear  6  percent, 
after  the  last  item  charged  on  the  bill,  if  not  paid  within  six  months. 
If  more  than  10  per  cent,  is  exacted  and  not  in  writing,  it  subjects 
a  forfeiture  of  double  the  amount  received. 

Kentucky. — Six  per  cent,  rate  allowed  by  statute.  If  more 
charged  it  can  be  recovered  back. 

Louisiana. — Five  per  cent,  is  the  legal  rate.  By  agreement 
8  per  cent-  If  embodied  in  principal  and  discounted  under  certain 
conditions,  the  courts  will  admit  it;  if  more  than  legal  limit  is 
sought  to  be  collected  by  agreement  or  otherwise,  subjects  the 
whole  interest  to  be  forfeited. 

Maine. — See  Connecticut. 

Maryland.— See  Kentucky. 

Michigan. — The  legal  rate  is  7  per  cent,  per  annum.  Ag^-eed 
upon  as  high  as  10  per  cent.  All  charges  in  excess  of  these  rates 
can  be  recovered  back. 

Minnesota.— See  Michigan. 

Missouri. — Same  as  Iowa,  only  jx-nalty  of  forfeiture  goes  to 
the  public  school  fund.  If  it  has  been  paid,  it  cannot  be  recovered 
back. 

Montana.— See  Colorado. 

Nebraska. — Same  as  Michigan,  only  the  penalty  for  usury  is 
forfeiture  of  all  interest. 

New  Hampshire.— Six  per  cent,  is  the  legal  mterest.  More 
charged  in  any  way  is  not  collectable,  and  forfeits  in  addition  to  the 
excess,  all  interest  agreed  to  be  paid. 


80  READY   REFERENCE   MANUAL. 

New  Jersey. — 3ix  per  cent,  is  the  lawful  interest.  In  excess 
of  tbis  amount  it  cannot  bo  collected,  and  if  collected  can  be  sued 
for  and  recovered  back  by  the  party  paying  the  same. 

New  Mexico. — Where  no  interest  is  stipulated,  G  per  cent,  is 
allowed.     Any  rate  charged  by  agreement  is  lawful  and  collectable. 

New  York. — Six  per  cent,  is  the  legal  rate  of  inteiest.  For 
charging  more  than  this,  a  penalty  of  forfeiture  of  all  the  principal 
and  interest  is  imi)Osed. 

North  Carolina. — See  New  Jersey. 

Ohio.—  Six  per  cent,  is  the  legal  rate  of  interest.  When  agreed 
upon  8  per  cent,  can  be  charged.  All  charged  in  excess  of  these 
rates  can  be  recovered  back  with  costs. 

Pennsylvania. — Six  per  cent,  is  the  rate  allowed  by  the  Courts 
in  all  cases  of  Chancery  funds  or  moneys  paid  into  Court,  or  where 
no  rate  is  stipulated,  and  is  left  to  the  Courts  to  fix.  AVhere  interest 
in  excess  of  this  rate  has  Ijeen  jiaid,  the  party  paying  the  same,  if  he 
institutes  proceedings  at  law  against  the  receiver,  within  six  months, 
can  recover  the  same  back  with  costs.  Savings  banks  and  build- 
ing societies  are  by  special  provisions  in  their  charters  permitted  to 
loan  at  higher  rates.  The  conditions  that  such  charters  usually  con- 
tain, are  that  they  can  loan  to  mechanics  and  tradesmen  near  the 
value  of  their  homesteads,  and  spread  the  repayment  of  the  same 
( See  Clark's  interest  tables )  over  many  years  in  instalments  that 
include  principal  and  interest. 

Rhode  Island.— See  Connecticut. 

South  Carolina. — Seven  per  cent,  is  the  legal  rate.  All  in- 
terest charged  in  excess  of  thi;-'  rate  is  recoverable  back  and  it  is  at 
the  discretion  of  the  court  to  impose  a  penalty  of  forfeiting  all  the 
interest  paid. 

Tennessee. — See  New  York. 

Texas. — Eight  per  cent,  is  the  legal  rate.  Twelve  per  cent,  per 
agreement.      A.11  paid  in  excess  subjects  the  forfeiture    "  all  interest. 

Utah. — Ten  per  cent,  is  the  lawful  rate  of  interest.  Agree- 
ments in  writing  for  more  are  Collectable. 

Vermont. — Six  per  cent,  is  the  legal  interest.  Savings  backs 
are  allowed  to  collect  6  per  cent,  semi-annually.     Interest  can  be  es- 


INTF.nEST   LAWS.  81 

timated  uijon  interest,  when  the  same  accrues  by  uon-payment  when 
clue  ;  G  per  cent,  discount  is  legal  in  banks. 

Virginia. — See  New  Jersey. 
Wyoming. — See  Texas. 
Wisconsin.— See  IMichigau. 
Washington  Territory.— See  Utah. 

West  Virginia. — See  Pennsylvania,  except  that  excess  can  be 
recovered  at  any  time  within  five  years. 

CANADA. 

Province  of  Ontario. — Interest  allowed  lit  law  upon  Court 
funds  {  unless  a  lower  rate  is  stipulated  in  writing)  is  G  per  cent. 
Any  late  can  be  charged  in  mortgages,  bonds  or  other  agreements 
stipulating  interest,  if  the  rate  is  printed  or  written  in  plain  readable 
iiiiinner  so  that  the  person  or  pei'sons  agreeing  to  pay  the  same  is 
not  in  any  respect  deceived.  If  otherwise  the  whole  principal  and 
interest  is  forfeited.  Banks  are  now  limited  to  7  per  cent.,  and  it  is 
usury  over  that  amount. 

Quebec. — Six  per  cent,  is  the  legal  rate  of  interest.  Agree 
ments  admit  of  any  rate  under  the  same  rules  as  Ontario. 

New  Brunswick, — Six  per  cent,  is  the  lawful  rate  of  interest, 
but  agreements  for  more  are  valid,  in  conformity  of  the  same  rules 
as  in  Ontai'io. 

Nova  Scotia. — Six  per  cent,  is  the  legal  rate.  Seven  per  cent 
under  agreement  upon  real  estate  security.  Ten  per  cent,  on  per- 
sonal property.  The  same  rules  as  Ontario  as  to  interest  being  in- 
serted plainly. 

British  Columbia. — See  Ontario.  ( E.Kcept  banks  are  not  re- 
strivted.) 

Manitoba  and  Northwest  Territories.— See  Ontario. 


PART  v.— CHAPTER  I. 

Arrest  for  civil  debts. 

Alabama.—  There  is  no  imprisoDment  for  debt. 

Arizona. — Same  as  California. 

Arkansas. — The  same  as  California,  only  that  a  good  and 
sufficient  bond  with  two  sureties  is  required  from  complainant  for 
security  against  damages,  iu  case  of  wrongful  arrest. 

California. — Defendant  may  be  arrested  in  civil  actions  of 
contract  arising  within  the  State ;  also  when  embezzlement,  fraud, 
false  pretences  in  obtaining  credit,  concealing  of  property  or  dis- 
posing of  the  same  to  prevent  his  creditors  from  recovering  their 
claims ;  wrongful  conversion  of  personal  property,  with  a  view  of 
defrauding  his  creditors. 

Colorado. — The  same  as  Alabama. 

Connecticut. — The  same  as  in  force  in  California,  only  a  pro- 
vision is  made  under  the  statute,  for  an  immediate  examination 
within  four  days  thereafter;  also  there  is  a  "Poor  Debtor's  Oath.'' 
The  law  exempts  any  person  so  arrested  to  the  amount  of  money  or 
personal  eflfects  to  the  value  of  $17. 

Dakota. — The  same  as  the  laws  of  California,  except  that  all 
debts  upon  which  arrest  orders  can  be  procured  from  the  courts 
must  be  under  contract  in  writing. 

Delaware. — The  same  as  Maryland. 

District  of  Columbia. — No  arrest  can  be  made  in  the  Dis 
trict  of  Columbia,  except  in  cases  of  well  grounded  evidences  of 
fraud.  Plaintiflf  must  show  that  debtor  is  about  to  clandestinely 
leave  the  District,  by  some  actual  performance  on  the-  part  of  such 
debtor,  such  as  having  disposed  of  his  goods  in  part  or  whole,  or 
advertised  himself  in  his  conversation  to  some  reliable  ijerson.  as 
intending  to  remove  from  the  District ;  that  he  has  been  removing, 
shipping,  concealing,  or  otherwise  conniving  by  secret  contrivance 
to  dispose  of  his  visible  property  and  for  the  express  purpose  of 
evading  the  just  and  honest  payment  of  his   debts :   upon  such 


ARREST  FOR  DEBT.  83 

evidence  being  esta'  lisbed,  the  judge  of  any  of  the  superior  courts 
may  issue  or  cause  to  issue  warrants  of  commitment  for  such  debtor; 
iu  all  such  arrests,  an  immediate  hearing  is  stipulated. 

Florida, — The  same  as  Alabama. 

Georgia. — If  a  personal  demand  can  be  made  by  the  creditor 
upon  the  debtor  in  presence  of  credible  witnesses,  to  produce  the 
property,  and  the  debtor  refuses  to  do  so,  or  give  a  satisfactory 
reason  for  not  doing  so  ;  and  that  evidence  can  be  shown  that  he  is 
about  to  Hee  from  the  State;  in  such  cases  and  upon  the  affidavits  of 
such  creditor  and  witnesses  as  aforesaid,  the  judges  of  the  circuit 
court  will  grant  warrants  of  personal  arrest. 

Idaho. — Same  as  in  New  Mexico. 

Indian  Territory. — There  are  no  collection  laws  in  this  ter- 
ritory; the  United  States  Court  for  Western  Arkansas  has  juris- 
diction of  the  criminal  laws. 

Indiana. — The  same  as  the  District  of  Columbia,  only  that 
no  woman  can  be  arrested  for  debts ;  and  the  prisoner  has  the  right 
to  go  with  the  officer  to  the  nearest  Justice  of  the  Peace  and  make 
oath  that  he  is  not  absconding  or  concealing  or  disposing  of  his 
property,  as  alleged ;  the  making  of  such  affidavit  implicates  him 
tor  perjury  in  the  first  degree,  and  in  such  case  he  could  be  brought 
back  by  extradition  from  any  other  State,  in  case  that  it  could  after- 
wards be  substantially  proved  that  he  so  committed  perjury. 

Iowa. — Same  as  Indiana. 

Kansas. — Same  as  Arkansas. 

Kentucky. — Where  a  debt  is  due,  and  proof  of  concealment, 
fraudulent  disposition,  or  the  removing  of  the  property  out  of  the 
State,  a  warrant  of  arrest  can  be  issued  against  the  body  of  the 
debtor. 

Louisiana. — Any  person  a  resident  of  the  State,  absconding 
or  having  left  the  State  and  again  found  within  the  State,  without 
leaving  sufficient  property  to  satisfy  the  payment  of  his  debts, 
may  be  arrested  and  held  for  examination  and  vrial  for  fraud.  This 
does  not  however  apply  to  females  or  residents  of  other  States  or 
foreigners.  They  are  supposed  not  to  get  credit :  if  they  obtain 
credit  by  false  pretences,  they  ai  liable  for  jiunishment  under  the 
penal  laws. 


84  HEADY   REFEUENCE   MANUAL. 

Maine. — Tbo  same  as  Califoiui.-i,  except  tbat  the  debt  must 
be  810  or  over.  Debtor  bas  tbe  riybt  of  cliscbargc  by  takiug  the 
poor  debtor's  oatb.  Married  womeu  cauiiot  bo  arrested  for  debt. 
Widows  and  spinsters  can  be. 

Massachusetts. — Absconding  from  tbe  State,  wbere  a  judff- 
ment  of  tbe  court  amounting  to  •^2()  or  over,  bas  been  found,  and 
tbe  debtor  is  bebeved  to  be  evading  by  conceabnent  or  otberwise 
tlio  satisfaction  of  tbe  same  :  Warrants  of  arrest  can  bo  procured, 
and  tbe  debtor  arrested  and  bckl  for  examination,  and  if  be  docs 
not  satisfactorily  clear  tbe  cbarges  alleged  in  tbe  complaint,  be 
may  be  kept  in  custody  until  be  eitber  pays  tbe  debt  or  proves  to 
tbe  court  bis  innocence. 

Maryland. — Same  as  District  of  Columbia. 

Michigan. — Persons  wbo  by  tbeir  profession,  business,  em- 
ployment, agency  or  fiduciary  position  wbereof  neglect,  miscon- 
duct, misapplication  or  fraud  bas  deprived  or  defrauded  any  person 
or  2)ersous  in  sucb  capacity  ;  all  actions  of  replevin,  trover,  tres- 
pass, arising  upon  contract;  removal  of  property  out  of  jurisdiction 
of  tbe  court,  wbere  tbe  cause  of  action  is  laid  ;  concealment  of  prop- 
erty ;  attempting  to  or  disposing  of  bis  property  witb  tbe  intention 
of  preventing  bis  creditors  from  obtaining  tbeir  just  rigbts  ;  wbere 
credit  bas  been  obtained  by  fraud,  pretence,  misrepresentation  of 
any  kind  ;  wbere  by  strategy  and  scbemes  bas  circumvented  tbe 
execution  of  writs  of  tbe  courts  for  judgments  of  lawful  debts;  iu 
all  tbe  foregoing  warrants  of  arrest  can  be  procured.  Married  wo- 
men are  exempt  from  arrest  in  all  civil  cases. 

Minnesota. — Tbe  same  as  Alabama. 

Missouri. — Tbo  same  as  Alabama, 

Nebraska.— Tliere  is  no  law  tbat  empowers  arrest  for  civil 
debts.  Cases  coming  under  tbe  criminal  law  are  punisbable  by 
penalties  of  fines  and  imprisonment. 

New  Hampshire.— Same  as  Connecticut,  except  tbat  the 
debt  is  limited  to  §13.33.  No  female  can  be  arrested  for  debt  ex- 
cept under  (iontract.  Tbe  time  is  not  limited  to  four  days,  as  in 
Connecticut,  for  trial  or  examination,  but  a  reasonable  time  is  al- 
lowed. 

New  Jersey. — Same  as  Micbigan. 


ARREST   FOR  DEBT.  85 

New  MexicO.^ — Debtor  owinpf  to  any  oiio  person  !^50  or  over 
and  attempting  to  abscond  from  the  territory ;  or  has  abscondeil 
and  is  at  any  time  found  within  the  territory,  temporary,  can  be  ar- 
rested upon  a  warrant  sworn  out  by  the  person  or  his  authorized 
agent  or  attorney.  Plaiutill' must  furnish  sureties  for  protection 
against  wrongful  arrest. 

New  York. — To  recover  damages,  a  fine  or  penalty  :  injury 
to  property  or  person ;  breach  of  promise ;  fraud,  deceit,  wrongful 
taking,  detention,  conversion,  concealment,  fraudulent  disposition, 
misapplication,  embezzlement,  clandestine  attempts  or  removal  of 
goods,  absconding  from  the  State,  warrants  or  writs  of  arrests  can 
lie  jn'ocured.  All  persons  such  as  bankers,  broker?,  attornyes, 
agonts,  engaged  in  fiduciary  positions,  or  enq^loyed  therein,  are 
held  to  be  guilty  of  grand  larceny,  under  a  special  Code.  All  per- 
sists ill  a  Re2>res6}itative  Cajniclty  as  heir,  legatee,  executor,  ad 
ujinistrator,  devisee,  next  of  kin,  assignee  or  trustee,  cannot  be  ar- 
rested, but  for  his  own  personal  acts  or  when  connivance  with  the 
person  or  persons  guilty  of  the  wrong-doing  is  proved.  All  inhiors 
under  14  years  of  age  are  privileged  persons  in  the  opinion  of  the 
courts. 

North  Carolina. — See  Illinois. 

Ohio. — See  Michigan. 

Pennsylvania.— Causes  for  arrest  are  limited  to  fraudulent 
contracts,  either  oral  or  written,  in  payment  of  money ;  misappro- 
priating trust  moneys  ;  concealment  with  intent  to  defraud ;  actions 
for  .slander,  libel  or  personal  injury.  There  is  no  law  to  deprive 
the  citizen  of  his  liberty  in  civil  debts  otherwise.  The  followers  of 
Penn  respect  that  text  of  the  constitution  of  this  great  re- 
public, viz: — "  iVt>  state  shall  make  or  enfoice  any  lavi  which  shall 
uliridffc  the  privileges  or  immunities  of  citizeyis  of  the  United 
Utiites  ,•  nor  shall  any  state  dejirive  any  jierson  of  life,  liberty,  or 
property  nHthont  due  process  of  law ,'  nor  deny  to  any  person  \fHhin 
it>i  jurisdiction  the  equal  protection  of  the  laio." 

Rhode  Island. — In  actions  of  trover,  dete?dion,  tres})ass, 
absconding  debtors,  fraud,  concealment  and  similar  causes,  civil 
arrest  can  be  resorted  to. 

Tennessee. — No  arrest  or  imprisonment  for  civil  debts  in  any 

form. 


8G  READY  REFERENCE    MANUAL. 

Texas. — Same  as  Tennessee. 
Utah  Territory. — Same  as  Dakota. 
Virginia. — For  absconding  debtors  onlj'. 
West  Virginia. — See  Nebraska. 

Vermont. — Arrest  of  defendant  can  be  made  in  all  actions  in 
form  ex  dilecto  (from  the  crime.)  Not  subject  to  arrest  in  actions 
in  form  ex  contracto  (out  of  contract),  except  upon  the  affidavit  of 
the  creditor,  his  agent  or  attorney,  that  "he  has  good  reason  to  be- 
lieve, and  does  believe  that  the  debtor  is  about  to  abscond  or  re- 
move from  the  State,  and  has  money  or  other  property  secreted 
about  his  person  or  elsewhere  to  an  amount  exceeding  $20  ;  "  or  hus 
money  in  his  hands  in  a  fiduciary  capacity,  and  refuses  to  pay  it 
over.  A  person  not  a  citizen  of  the  State  or  of  the  United  States 
may  be  arrested  in  any  action  for  debt. 

Wyoming  Territory. — See  Iowa. 

Wisconsin.— See  Illinois. 

Washington  Territory. — Same  as  New  Mexico. 

DOMINION  OF  CANADA. 

Province  of  Ontario. — Imprisonment  for  debt  throughout 
this  Province  is  of  every  day  occurrence.  There  is  established  a 
court  in  each  district,  which  embraces  a  few  townships,  or  parts 
thereof,  and  towns,  called  a  Division  Court ;  this  court  has  a  clerk 
and  bailiff  appointed  by  the  Provincial  Government,  and  the  county 
judge  (who  is  appointed  by  the  Dominion  Government  for  life  or 
good  behavior)  holds  court  every  month,  or  quarter,  as  the  business 
requires  ;  this  court  has  jurisdiction  over  claims  not  exceeding  $200 
of  contract,  and  $100  without  contract.  This  court  is  called  the 
"  Poor  Man's  Court."  Claims  where  judgments  are  issued  invaria- 
bly do  not  amount  to  $5  ;  the  defendant  debtor  has  the  right  to  de- 
fend himself  in  this  court  without  counsel,  thereby  enjoying  the 
gracious  liberty  of  his  own  court,  to  be  snubbed  and  silenced  by 
full-blooded  luminary  of  a  Judge.  The  cost  of  this  "  Poor 
Man's  Court  "  will  in  75  per  cent,  of  the  cases  tried  ahd  executions 
issued  amount  to  a  third  of  the  debt,  and  the  remaining  25  per  cent. 
to  as  much  as  the  debt.  If  the  bailift'  returns  "  no  goods,"  the  victim 


ARREST   FOR   DEBT.  87 

is  served  with  a  judgmeut  summons  to  appear  before  the  judpfe  at 
the  next  court;  failing  to  obey,  be  will  be  committed  to  jail,  and  by 
appearing  usually  is  ordered  to  pay  so  much  per  week,  or  on  neglect 
to  obey,  will  be  taken  to  jail.  Ca2>ias  can  be  obtained  from  the 
Superior  Court  judges  to  arrest  any  debtor  absconding,  where  the 
debt  amounts  to  $100. 

Province  of  Quebec. — The  same  as  in  Ontario,  only  that  a 
(^iipias  can  be  obtained  for  ii520  or  over.  No  capais  can  be  procured 
for  a  debt  contracted  between  the  parties  in  another  country. 

New  Brunswick. — Same  as  Ontario,  only  amount  where  a 
capias  can  issue  is  limited  to  $20  instead  of  $100,  as  the  least  sum  ; 
unmarried  women  can  be  arrested  for  debt  in  Supreme  and  County 
(  ourt  claims.     In  Ontario  no  woman  can  be  arrested  for  debt. 

Nova  Scotia. — The  same  as  New  Brunswick. 

Manitoba. — See  Michigan  (U.  S.  A.) 

British  Columbia.— See  Ontario. 

Northwest  Territories.— See  New  Mexico  (U.  S.  A.) 

Prince  Edward.Island.— Same  as  Quebec. 

BANK  HOLIDAYS— UNITED  STATES. 

January^lst. — In  Alabama,  Arkansas,  California,  Colorado, 
Connecticut,  Dakota,  Georgia,  Idaho,  Illinois,  Indiana,  Iowa,  Kan- 
sas, Louisiana,  Maine,  Maryland,  Michigan,  Missouri,  Nevada,  New 
Jersey,  New  York,  North  Carolina,  Tennessee,  Texas,  ITtah,  Ver- 
mont, West  Virginia,  Wisconsin  and  Wyoming. 

January  8. — Anniversary  of  the  Battle  of  New  Orleans. — In 
Louisiana. 

February  14. — Mardi-Gras. — In  Louisiana. 

Fe' ruary  22.— Washington's  Birthday. — In  Alabama,  Cali- 
i'oinia,  Colorado,  Connecticut,  Dakota,  Georgia,  Idaho,  Illiuois,Ken- 
tucky,  Louisiana,  Maine,  Maryland,  Massachusetts,  Michigan,  Min- 
nesota, Missouri,  Nevada,  New  Hampshire,  New  Jersey,  New  York, 
North  Carolina,  Ohio,  Pennsylvania,  Rhode  Island,  South  Carolina, 
Texas,  Utah,  Virginia,  Wisconsin  and  Wyoming. 

March  2. — Anniversary  of  Texan  Independence. — In  Texas. 


88  HEADY   REFEIlENf'E  MANUAL. 

March  4. — Fircmeiis' Auuiversaiy. — In  New  OiloiUiH,  Louisi- 
ana. 

April  21. — AuTiivei'Hary  of  the  Battle  of  San  Jacinto. — In 
Texas. 

Good  Friday. — In  LouiHiana,  Maryianil  and  Pennnylvania. 
April  26. — Memorial  Day. — In  Georgia. 

May  30. — Decoration    Day. — In   California.  Colorado,  Con 
nectifut,  Dakota,  Iowa,  Illinois,  Kannaa,  Kentucky,  MassacliusettH, 
Michigan,  Nevada,  Now  Hanip.shir(s  New  Jersey,  New  York,  Ohio, 
Oregon,  Peiinsylvania,  llhodo  Island,  Vtah,  Vermont, Wisconsin  and 
AVyoming. 

June  1. — Labor  Day. — In  Oregon. 

July  4. — Indejiendeuce  Day. — In  all  the  States  except  Ne- 
braska. 

September  2. — Labor  Day. — In  Colorado,  iMassachnsetts, 
New  Jersey  and  Kew  York. 

November  5. — General  Election  Day. — In  California,Dakota, 
Kansas,  Maryland,  Missouri,  New  Hampshire,  New  Jersey,  New 
York,  Ohio,  Oregon,  South  Carolina  and  Wisconsin. 

November  28. — Thanksgiving  Day. — In  all  the  States  and 
Territories  (in  Nebraska  there  l)eing  no  statutory  holidays,  it  is  not 
a  legal  lioliday,  but  is  observed). 

Christmas. — In  all  the  States  and  Territories,  in  a  like  man- 
ner to  Thanksgiving  Day. 

ntate  Fast  Days. — When  appointed  by  the  proclamation  of 
the  governor  in  each  State  and  Territory. 

Arbor  Day.— In  Idaho  and  Kansas,  the  day  being  set  by  the 
governor  ;  and  also  in  llhode  Island,  but  it  does  not  affect  the  p.ay- 
ment  of  notes  in  II.  I. 

Saturdays  after  12  o'clock.— In  New  York. 

DOMINION  OF  CANADA. 

January  1. — New  Year's  Day.     In  all  the  provinces. 

Good  Friday.— In  all  the  Provinces. 

May  24.— T)ie  Queen's  Birthday.     In  all  the  Provinces. 


READY   UEFEUF.NCE   MANUAL.  8'J 

June  24. — St.  JoLu'h  Dny.     Id  (Quebec. 

July  1. — Doiniiiiou  Day.     In  all  the  Provii)ces. 

Thanksgiving  Day.—  As  appoiutitl  by  the  Governor  in  each 
I'rovince. 

Christmas  Day.— In  all  the  Provinces. 

Notes. — In  the  Province  of  Ontario  and  other  provinces  it  will 
bo  noticed  in  the  laws  of  their  banking,  they  keep  open  on  HOiue  of 
the  holidays,  for  the  receiving  of  payment  of  bills  but  transact  no 
other  business.  Saturday  afternoon  in  the  city  of  Toronto  is  ob- 
served from  about  May  fust  to  November  first,  by  nearly  all  the 
wholesale  houses,  manufacturing  establishments,  banks,  and  larger 
retail  merchants,  aa  a  half  holiday.  This  is  not  a  law,  but  a  business 
custom. 

The  Canadian  Banks  are  all  chartered  corporations,  owned  and 
operated  through  officers  by  stockholders.  They  require  to  deposit 
a  certain  amount  with  the  Dominion  Treasury  in  acceptable  govern- 
ment bonds  or  other  securities  approved  by  the  Finance  Minister  at 
Ottawa,  whereupon  they  are  authorized  to  issue  their  own  notes  and 
receive  deposits  to  a  certain  proportionate  amount  under  the  "  Do- 
minion Ijauking  Act."  The  Government  issue  notes  that  are  called 
"Legal  Tender  "  and  all  the  specie.  All  the  "  one's,  two's  and  four's  " 
are  Government  notes  ;  the  rest  of  the  legal  tenders  are  in  larger 
denominations.  Many  persons  in  the  United  States  mistake  the 
notes  of  the  Dominion  Bank  for  the  Dominion  of  Canada  notes. 
The  former  is  a  chartered  corporation  the  same  as  the  Bank  of  Mon- 
treal. These  institutions  of  Canada  are  in  many  respects  very  well 
managed  institutions,  although  not  regarded  as  the  best  banking 
system  for  a  country;  such  institutions  as  the  Bank  of  Montreal,  Im- 
perial Bank,  Bank  of  Commerce,  Dominion  Bank  and  MoIsgij's,  are 
unquestionably  as  well  managed  as  any  corporations  of  the  k  nd  in 
any  part  of  the  business  world. 


CHAPTER  II. 

PART  1.  Coiiiinerriiil  Travelers'  Licenses  ;  where  reqiiiretl  in  the  United 
States  ami  Provinces  of  (^anatla.  PART  II.  Thc^  dnties  upon  all  ordi- 
nary and  staple  merchandise  aocordinf?  to  tlie  U.  S.  TarilF  or  to  1k>  col- 
liH'ted  upon  goods  comin;?  into  the  country  of  Foreign  nianufiuture  or 
production,  and  the  same  per  Canadian  Tariff  of  Customs  upon  their 
enteriiifj;  ('anada.  PART  111.  Fishery  Treaties  anrl  the  actions  of  the 
Unitt'd  States  (lovernment  and  flreat  Britain  re>j;ardin>;  the  same,  since 
the  treaty  of  Paris,  1775  U)  1889.  PART  IV.  Neutrality  I^Jiws  of  Na-' 
tions. 

PART  I.— CHAPTER  II. 

Commercial  Travelers'  Licenses. 

Alabama. — There  is  no  State  law  other  than  municipal  bodies 
are  empowered  to  regulate  by  by-laws  of  their  own ;  some  towns  in 
the  State  charge  as  high  as  $100  per  annum. 

Arizona. — No  license  required. 
Arkansas. — No  license  required. 
Connecticut. — No  license  required. 
Colorado. — No  license  required. 

California. — Cities  and  towns  are  empowered  by  statute  to 
pass  their  own  by-laws  fixing  the  same,  if  they  choose.  San  Fran- 
cisco taxes  as  follows :  $100  per  quarter  year,  if  business  aggregates 
$90,000 ;  $60,  if  $50,000  and  up  to  $90,000  ;  $40,  if  over  $20,000 
and  up  to  $50,000  ;  all  under  $20,000,  $25. 

Dakota. — No  license  required. 

Delaware. — $25  per  annum.  There  is  no  license  issued  for  a 
part  of  a  year. 

District  of  Columbia. — All  non  residents  must  pay  $200 
yearly.  Hawkers  that  sell  haberdashery  within  the  District  are  re- 
quired to  pay  an  annual  license  fee  of  $100. 

Idaho,  Illinois,  Indiana,  Iowa,  Kentucky,  and  Kansas 
collect  no  license  fee. 


COMMERCIAL  TRAVELERS*   LICENSES.  91 

Louisiana.— Charges  a  State  tax  of  $25  per  month,  and  the 
parishes  and  cities  can  at  their  option  collect  an  additional  tax  ; 
New  Orleans  collects  $50  per  annum. 

Maine,  Maryland,  and  Massachusetts  require  no  license. 

Michigan  has  a  State  license  of  $25  per  annum,  but  it  is  ob- 
solete. 

New  Jersey,  New  York,  New  Hampshire,  and  Ne- 
braska charge  no  tax  of  any  kind  upon  salesmen. 

North  Carolina.— Charges  a  state  tax  of  $100  per  annum 
and  municipal  licenses  are  left  optional. 

Ohio,  Pennsylvania,  and  Rhode  Island  require  no  license. 

South  Carolina.— Cities  and  incorporated  towns  and  villages 
can  by  by-laws  enforce  a  tax.     Some  towns  fix  it  at  $10  per  annum. 

Tennessee.— A  State  tax  of  $10  per  week  or  $25  per  month  is 
collected. 

Texas. — Any  wholesale  firm  or  person  or  company  paying  $200 
can  have  as  many  travelers  as  they  chooae  within  the  State  for  the 
license  year. 

Utah,  Vermont,  Virginia,  West  Virginia,  Wyoming 
Territory,  Washington  Territory,  have  no  license  law  either 
State  or  otherwise. 

DOMINION  OF  CANADA. 

Ontario  has  no  license  upon  regular  commercial  men,  but  the 
"  Hawkers  and  Pedlars  Act  "  is  in  force  throughout  the  Province. 
The  taxes  vary  all  the  way  from  $5  per  annum  up  to  $200. 

Quebec.^Three  Rivors,  St.  Johns,  Sorel,  and  Quebec  collect 
a  municipal  tax  under  the  Provincial  Statute. 

Nova  Scotia  has  an  optional  municipal  law  like  Ontario.  The 
city  of  Halifax  collects  a  fee  of  $50  per  annum. 

New  Brunswick,  Prince  Edward  Island,  Manitoba, 
British  Columbia,   and  Northwest  Territories  have  local 

municipal  laws  taxing  travelers,  hawkers,  pedlars  and  circuses,  en- 
forced as  the  different  cities,  towns  and  townships  deem  expedient. 


PART  II.— CHAPTER  II. 

United  States  and  Canadian  Dnties  on  Importations. 

Animals  FOR  BREEDING  ruBPOSEs,  U.  S.  duty, -free. 

"       "  "  "  Canada  duty, -    " 

Animals  for  other  purposes,  U.   S.  duty, 20  per  cent. 

"        "         "  "         Canada  duty, -..20     "       " 

Ale,  porter  or  heer  in  bottles,  U.  S.   duty, 35  cents  per  gal 

"       "       "    in  bottles,  Canada  duty .18     " 

Ale,  porter  and  beer,  (in  casks),  U.  S.   duty, 20  cents  per  gal. 

"    .    "        "        "    (in  casks),  Canada  duty, ---.10      "  " 

Books  and  charts,  (new),  U.   S.  duty, -  -  .25  per  cent. 

"        "         "  "      Canada  duty, 15    "       " 

Books,  (for  colleges,  public  libraries  and  scientific  instruction  and 

benevolent  purposes  U.   S.  duty, free. 

Books,  (for  colleges,  public  libraries  and  scientific  instruction  and 

benevolent  purposes),  Canada  duty, free 

Boots  and  shoes,  leather,  U.  S.  duty, 35  per  cent. 

"        "        "      leather,  Canada  duty, -25    "       " 

Brass  or  bronze,  manufactures,   U.  S.  duty, 45  per  cent. 

"      "      '•        manufactures,  Canada  duty, -30    "      " 

Carpets,  (hemp  or  woven),  U.  S.  duty,  -  - 45  cents  per  sq.  yd. 

and  35  per  cent,  advlm. 

"       (hemp  or  woven),  Canada  duty,  - 25  per  cent. 

Carpets,  (tapestry  printed),  U.  S.  duty,  30c.  per  sq.  yd.  and  30  per 
cent,  advlm. 

Carpets,  (tapestry  printed),  Canada  duty, 25  per  cent. 

Carriages  and  wagons,  U.  S.  duty, 35  per  cent. 

"  "         "     (under  $100  in  value)  Canada  duty,  20  per  cent. 

"  "         "     (over  $100  in  value)  Canada  duty,  35  per  cent. 

Chinaware,  U.  S.  duty 65  per  cent. 

Canada  duty, 35    "       " 

Chinaware,  (gilded  and  decorated),  U.  S.   duty .60  per  cent. 

"  (gilded  and  decorated),  Canada  duty, 30    "      " 


DUTIES   ON  IMPORTATIONS.  08 

China,  clay,  Canada  duty, free, 

CifiARS,  CUKB00T8  AND  0IGARETT8,  U.  S.  duty,  $2.50  per  ftt.  and  25  per 

cent,  advlm. 
CiiiAKs,  CHEROOTS  AND  ciGABETxa,  Cauadu  duty,  $2.00  per  Ih.  and  25 

per  cent,  advlm. 

Clocks,  U.   S.  duty, 35  per  cent. 

"      Canatfe  duty, 35    "      u 

Clothing,  (in  part  or  all  wool),  U.  S.   duty,  40c.  per  ft),  and  35  per 

cent,  advhu. 

Clothing,  (in  pp.rt  or  all  wool),  Canada  duty, 30  per  cent. 

Clothing,  (linen),  U.  S.  duty, 40   '"       " 

"        (linen),  Canada  duty, 35    u       « 

Clothing,  (silk  or  its  component),  U.  S.  duty,.. 50    "       " 

"        (silk  or  its  component),  Canada  duty, 35    "       " 

Clothing,  donations  to  charitable  and  benevolent  institutions,  U.  S. 

^^"^7'  - - free. 

Clothing,  donations  to  charitable  and  benevolent  institutions,  Can- 

at'aduty, free 

Coal,  coke,  (bituminous),  U.  S.  duty, 75c.  per  ton. 

"  "  Canada  duty, 60c.        " 

Coal,  (anthracite),  U.  S.   duty, free. 

"  "  Canada  duty, n 

Corals,  (cut  or  manufactured),  U.  S.  duty, 75c.  per  ton. 

"  "  "  Canada  duty,.. free. 

Cutlery,  (table,  etc.)  U.  S.  duty, 35  per  cent. 

"  "  Canada  duty, 25    "      " 

"      (plated  and  costing  under  $3.50  per  dozen  is  charged  in 

Canada  50c.  per  dozen,  and 20  per  cent,  advlm. 

Cutlery  (pen  and  jack  knives),  U.   S.  duty, 50  per  cent. 

"  "  Canada  duty, 25  per  cent. 

Diamonds  SET,  U.  S.  duty, ..25    "       '• 

"  "    (these  are  included  in  jewelry,  or  precious  stones  un- 

der the  Canadian  tariff  and  the  duty  is,  (see  jewelry.) 

Diamonds,  (and  precious  stones  unset),  U.  S.  duty, 10  pfr  cent. 

Canada  duty free. 

Efiects,   (household  furniture  used  by  any  person  for  one  year), 

U.  S.  duty, free. 

Efiects,  (household  furniture  used  by  any  person  for  one  year), 
Canada  duty, free. 


94  READY  REFERENCE   MANUAL. 

Enoravinos,  U.  S.  duty, 25  per  cent. 

"  Canada  duty, 20  "  " 

Furniture,  U.  S.  duty 35  "  " 

"  (including  burial  caskets),  Canada  duty, 35  "  " 

Furs,  (manufactured),  U.  S.  duty, .20  " 

"  "  Canada  duty, 25  "  " 

Gilt  AND  PLATED  WARE,  U.  S.  duty, 35  "  •' 

Canada  duty, .30  " 

Glassware,  U.   S.  duty, 45  "  " 

"  Canada  duty, -.30  "  " 

Gloves,  (kid),  U.  S.  duty, 50  "  " 

"         Canada  duty, 30  "  " 

Gold  and  SILVERWARE,  U.  S.  duty, 45  *'  " 

"         Canada  duty, .20  "  " 

Gold  BRONZE  LEAF,  Canada  duty, 30  "  " 


Grain  and  Provisions  and  Dairy  Products: — 

U.  S.  duty  on  wheat,  20c.  per  bushel ;  Canada  duty,  15c. 

U.  S.  duty  on  rye,  10c.  per  bush.;  Canada,  10c.  per  bush. 

U.  S.  duty  on  barley,  10c.  per  bush.;  Canada,  15c.  per  bush. 

U.  S.  duty  on  Indian  corn,  10c.  per  bush.;    Canada,  7^c.  per  b. 

U.  S.  duty  on  oats,  10c.  per  bush.;  Canada,  10c.  per  bush. 

U.  S.  duty  on  rice,  2ic.  per  &.;  Canada  Ic.  per  tb. 

U.  S.  duty  on  hay,  per  ton,  $2  ;  Canada  duty,  20  per  cent. 

U.  S  duty  on  butter,  4c.  per  !b.;  Canada,  4c.  per  ft. 

U.  S.  duty  on  cheese,  4c.  per  ft.;  Canada,  3c.  per  ft. 

U.  S.  duty  on  beef  and  pork,  Ic.  per  ft.;  Canada,  (see  Animals.) 

U.  S.  duty  on  lard,  2c.  per  ft.;  Canada,  2c  per  ft. 

U.  S.  duty  on  milk,  20c.  per  gal.;  Canada,  30  per  c.  ad  valorem. 

U.  S  duty  on  hops,  8c.  per  ft.;  Canada,  6c.  per  ft. 

U.  S.  duty  on  honey,  20c.  per  gal.;  Canada,  3c.  per  ft. 

U.  S.  duty  on  mackerel,  Ic.  per  ft.;  Canada,  Ic.  per  ft. 

TJ.  S.  duty  on  herrings,  Ic.  per  ft.;  Canada,  50c.  per  cwt. 

U.  S.  duty  on  salmon,  Ic.  per  ft.;  Canada,  Ic.  per  ft.  ' 

U.  S.  duty  on  fish  in  oil,  30  p.  c;  Canada,  30  p.  c.  ad  valorem. 

Guns,  U.   S.  duty 25  per  cent. 

"       Canada  duty 20      " 

Hats,  (after  various  patterns  and  compositions)  U.  S. 

duty 20      " 


DUTIES   ON   IMPORTATIONS.  96 

Hats,  (after  various  patterns  and  compositions)  Canada 

duty not  defined. 

Hats,  (trimmed  with  feathers,   silk  ribbons,  etc.),  U.  S. 

duty  50  per  cent. 

"    (trimmed  with  feathers,  silk  ribbons,  etc.),  Canada 

duty 25       " 

Iron  Pig  and  Scrap,  U.  S.  duty $6.72  per  ton 

"  «•  Canada  duty 4.00       " 

Iron  and  Steel  Manufactures  or  Raw,  iron  or  steel  blacksmiths' 
hammers  and  sledges,  track  tools,  wedges  and  crow  bars,  2^ 
cent  per  ft>.  U.  S.  duty ;  Canada  duty,  1  cent  per  lb.  and  25  per 
cent,  ad  valorem. 

Iron  or  steel  rivets,  bolts,  with  or  without  threads  or  nuts,  or  bolt- 
blanks,  and  finished  hinges  or  liinge-blanks,  2^  cts.  per  lb.; 
Canada  duty,  1^  cts.  per  lb.  and  30  per  cent,  ad  valorem. 

Iron  ou  Steel  Car  Axles,  parts  thereof,  axle-bars,  axle-blanks,  or 
forgings  for  axles,  without  reference  to  the  stage  of  manufac- 
ture ;  2j^  cts.  per  ft.  U.  S.  duty ;  Canada  $30  per  ton  and  30 
per  cent,  ad  valorem. 

Horhe  Shoe  Nails,  galvanized  or  not,  U.  S.  duty,  4  cts.  per  ft.; 
Canada  duty,  1^  cts.  per  ft.  and  30  per  cent,  ad  valorem. 

Screws  Commonly  Called  Wood  Screws,  two  inehes  or  over  in 
length,  (5  cts.  per  ft.;  Canada  duty,  6  cts.  per  ft.;  one  inch  or 
over  in  length  but  not  over  two  inches,  8  cts.  per  ft.,  U.  S.  duty ; 
Canada  duty  on  the  same,  8  cts.  per  ft.;  over  one-half  inch  and 
not  over  one  inch,  10  cts.  per  ft.,  U.  S.  duty  ;  Canada  duty  for 
every  size  under  one  inch,ll  cts.  per  lb.;  less  than  one-half  inch, 
U.  S.  duty,  12  cts.  per  ft. 

Iron  or  Steel  Railway  Bars,  flat  and  punched,  one  cent  per  ft. 

U.  S.  duty ;  Canada  duty  $6  per  ton. 
Cut  Tacks,  brads  or  sprigs,  not  exceeding  16  ounces  to  the  1000, 

U.  S.  duty  2 J  cts.  per  1000  ;  Canada  duty,   2   cts.   per   1000 ; 

exceeding  16   ounces   to   the   1000,  U.  S.  duty,  3   cts.  per   ft.; 

Canada  duty,  2  cts.  per  ft. 
Boiler  Tubes,  or  flues,  or  stays,  of  wrought  iron  or  steel  3  cts.  per 

ft.;  Canada  duty,  15  per  cent,  ad  valorem.    Other  lorought  iron 

tubing,  U.  S.  duty,  2^  cts.  per  ft.;  Canada  duty,  15  per  cent. 


9(5  UEADY  ukfei;ence  manual. 

Iron  c)R  Steel  Kails  not  weighing  over  25  lbs.  to  the  ya'  d,  U.  8. 

duty,  uine-teuths  of  one  cent  per  tl».;  Canada  duty  (sieel  only), 

free. 
Cot  Nails  and  spikes,  of  iron  or  steel,  one  and  one  quarter  cts.  per 

fl).,  U.  S.  duty  ;  Canada  duty  1  ct.  per  ft>. 

Whoitout  Iron  or  Stkkl  Nuts,  washers,  spikes,  etc.,  2  cts.  per  ft>., 
U.  S.  duty ;  Canada  duty,  1  ct.  per  tt>.,  and  25  per  cent,  ad 
valorem. 

LocoMOTivEH,  Steam  Engines,  Mill-Ikons,  luill  cranks,  anvils,  wrought 
irons  for  ships,  forgings  of  iron  or  steel  for  vessels,  or  parts 
thereof,  weighing 'each  25  II  is.  or  more,  U.  S.  <luty  2  cts.  per 
Vi).;  Canada  duty  on  the  same,  30  per  cent.,  and  in  addition  on 
locomotives  and  the  tender  weighing  30  tons  or  over,  $2,000. 

Steel  Isguts,  cogged  ingots,  blooms,  and  slabs,  by  whatsoever 
process  made ;  billets  and  bar  bands,  tapered  and  beveled  bars; 
bands  hoops,  strips,  and  sheet  of  all  gauges  and  widths ;  all 
of  the  above  not  otherwise  provided  for,  valued  at  4  cts.  per  ft), 
or  less,  45  per  cent,  ad  valorem  ;  all  valued  above  4  cts.  per  \h. 
and  not  over  7  cts.  duty  2  cts.  per  ft).;  valued  at  7  cts.  and  not 
above  10  cts.  per  ft).,  2|  cts.  per  ]h.  duty ;  valued  above  10  cts. 
per  ft).,  duty,  3 J  cts.  per  ft).;  Canada  duty  on  the  articles  enu- 
merated herein,  are  as  follows : — All  of  above  classes  of  steel 
not  elsewhere  provided  for  valued  at  less  than  4  cts.  per  ft).,  ex- 
cept ingots,  cogged  ingots,  blooms,  and  slabs  upon  which  a 
duty  shall  be  not  less  than  $8  per  ton,  30  per  cent,  and  not  less 
on  the  whole  than  $12  per  ton. 

Malleable  Iron  Castings,  not  specially  enumerated  or  provided  for 
in  this  act,  2c.  per  ft).  U.  S.  duty ;  Canada  duty  on  the  same, 
.$25  per  ton,  but  not  less  than  30  per  cent,  advlm. 

Boiler  or  Plate  Ikon,  sheared  or  unsheared  skelp-iron,  sheared  or 
rolled  in  grooves,  U.  S.  duty  l;f^c.  per  ft).;  Canada  duty  on  the 
same,  (or  sheet  iron,  common  or  black,  not  thinner  than  No.  20 
gauge)  $13  per  ton. 

Bridge  Iron  and  Building  joists,  beams,  girders,  angles,  channels, 
T.  T.  columns  and  posts,  or  parts  or  sections  of  columns  and 
posts,  deck  and  bulb  beams  and  building  forms,  together  with  all 
other  structures  and  shape  parts  of  iron  or  steel,  l;Jc.  per  ft).,TJ. 


DUTIEH   ON   IMl'OUTATIONS.  97 

S.  duty  ;  Cimada  duty  (not  woigbing  Icsh  tlian  25  I^h.  per  lineal 
yard),  12^  percent.;  weighing  less  than  25  lbs.  per  lineal  yard, 
^c.  per  tt».  and  10  i)er  cent,  advlm. 

Files,  file  blankn,  rasps,  and  iloiits  of  cuts  and  kinds,  4  inches  in 
length  and  under,  35c.  per  doz.;  over  4  and  under  i)  inches,  75c. 
per  doz.;  9  inches  in  length  and  under  14,  $1.50  per  doz.;  over 
14  inches,  $2.50.  Canada  duty  on  files  of  every  size,  30  per 
cent. 
Mixed  Iron  or  Steel  Manufactures  not  hereinbefore  enumerated,  as 
a  general  average,  duty  is  about  45  per  cent,  advlm.,  U.  S., 
when  composed  wholly  or  part  of  iron,  steel,  copper,  lead,  nic- 
kel, pewter,  tin,  zinc,  gold,  silver,  platinum  or  any  other  metal. 
Canada  duty  upon  the  same,  30  per  cent,  advlm.  (It  will  be 
observed  that  articles  made  of  iron  and  steel  are  so  numerous 
that  it  is  not  practical  to  give  them  in  detail  in  a  work  of  this 
kind;  we  only  endeavor  to  give  a  few  of  the  principal  classes.) 
Jewelry  (gold  and  silver  or  imitation  of),  U.  S.  duty -.25  per  cent. 
"      "         "        "         "  "Canada  duty.. 20 

(jet  or  imitation)  U.  S.  duty.. 25        " 

"  "     "        "  Canada  duty.. 20 

Laces  (silks,  silk  and  cotton),  U.  S.  duty .26        " 

"        "      "         "       Canadaduty .30 

"     in  thread,  U.  S.  duty 35        " 

"  "        Canada  duty free. 

Leather  Manufactures,  U.  S.  duty 35        " 

"  "  (and  including  Japanned  patent  boots  and 
Hhoes,  and  all  other  skins  tanned  in  similar  kind  of  manufac- 
tures, Canada  duty 25  per  cent. 

Bend,  or   belting   leather,  and   Spanish   or   other  sole,  U.  S. 

duty,  15  per  cent,  advlm.;  do.  Canada  duty 20  per  cent. 

Morocco  finish  or  French  calf,  U.  S.  duty 20        " 

"  "       "         "  "     Canada  duty 10 

Linen  (table-cloth  and  toweling),  U.  S.  duty. .30        " 

"  "         "  Canadaduty ..20 

Machinery  (brass  or  iron),  U.  S.  duty 45        " 

"       "       "     Canadaduty ...30        «' 

Musical  Instruments,  U.  S.  duty 25        " 

"  "  (when  not  specially  named)  Can.,  25        " 


W  READY  REFERENCE   MANUAL. 

Pianos,  upright,  a  Hpecial  duty  by  Canada  of  |30  each  and  20 
percent.;  square  piauoa,  825  each  and  20  per  cent;  on  organs 
with  two  Bets  of  reeds,  $10  each  and  15  per  cent.,  four  sets  of 
reeds,  $15  each  and  ?5  per  cent.,  six  sets  of  reeds,  $20  each 
and  15  per  cent,  all  over  six  seta  of  reeds,  $30  and  15  per  cent, 
duty. 

Oils  (animal),  IT.  S.  duty 25  per  cent. 

"  "         Canadaduty 20 

"    Castor,  U.  S.   duty .80       " 

"Canadaduty 20        " 

"     Lubricating,  U.  S.  duty 25        " 

"  "  "  Canada  duty,  30c.  per  gal.  and  25  per  cent.  adv. 

"  Kerosene,  (American  naphtha  and  liganiite),  U.  S.  duty,  25 
per  cent.;  do.,  Canada  duty,  T^c.  per  gal.  and  10  per  cent.  advl. 
Oi'iuM  (all  containing  9  per  cent,  of  morphia,  the  United  States  duty 
is  $1.00  per  tb.  Opium  containing  less  than  9  per  cent,  is  pro- 
hibited from  entry  into  the  United  States.  Opium  uped  and  pre- 
pared for  smoking,  and  all  other  preparations  of  it  not  specially 
enumerated  or  provided  for  in  the  tariff,  $10  per  fl>.  Opium  pre- 
pared for  smoking,  and  other  preparations  of  it  deposited  in 
bonded  warehouses,  shall  not  be  removed  therefrom  for  export- 
ation without  payments  of  duty,  and  such  duties  shall  not  be  re- 
funded by  the  United  States. 

Canada  duty  on  all  opiums  used  for  drugs,. $1.00  per  11). 

"  "         usee'  for  smoking, 5.00    "     " 

Paintings,  (foreign)  U.  S.  duty 30  per  cent 

«        Canadaduty 20     "       " 

Works  of  an  American  artist  while  abroad, free. 

"         "       Canadian       "         "  "       ..'. " 

Picture  Frames,  U.  S.  duty 35  per  cent. 

"  "       Canadian  duty 35    "      " 

Photograi'hs,  U.  S.  duty .25     "      " 

"  (  finished  pictures  ),  Canada  duty 20    "      " 

Upon  all  dry  plate, "  "     15  cts.  per  It). 

"       "     "         "    advlm.  duty  additional 20  per  cent. 

Prints  and  Engravings,  U.  S.  duty   25     "     " 

"     "         "  Canada   duty 30     "     " 

Printing  presses,  Canada  duty 10     "    " 


l)UnES   ON   IMPORTATIONS.  99 

rriuted  music  sheets,  Caiiadn  duty 10  ots.  per  !b. 

Advertised  bills,  tickets  etc.,  Canada  duty 15  "     "     " 

An  advlm  duty  on  the  latter  two,  (Canada)  of 25  per  cent. 

Pipes  and  Cioah  Holders,  U.  S.  duty 70    "      " 

«    "        "  "        Cauadaduty  35    "     " 

TIuhheb,  ( in  manufactured  state ),  IT.  S.  duty 26    *'     " 

"  "  "       Canada  duty 25    "      '* 

In  unmanufactured  state,  U.  S.  duty 25     "     " 

"  "  "    Canada  duty free. 

Rubber  braces,  webbing,  etc.  U.  S.  duty : .  -  35  per  cent. 

««  "  "  "    Canada  duty 25  "     " 

Rubber  worsted,  with  silk,  cotton  and  manufactured 

into  goods,  U.  S.  duty 50     "     " 

.Saddf-es  AND  Harness,  IJ.  S.  duty   35     "    " 

"      "  "      Canadftduty  -..35    "    " 

Shawls,  (  silk  )  U.  S.  duty - 50     •'     " 

"  Canada  duty   30    "    " 

Camels'  hair  or  wool,  U.  S.  duty 35  cts.  per  ft). 

and  advlm. 40  per  (lent. 

Camels'  hair  or  wool,  Canada  duty 35 

Silk  Dress  by  the  Piece,  U.  S.  duty 50 

"        "     "    "        "      Canada  duty .  30    "     " 

Sewing  Machines,  U.  S.  duty 45     "     " 

"  "  Canada  duty  $3  each  and  an  advlm  of  20     "     " 

Statuary,  (marble  manufactures),  U.  S.  duty 50     "     " 

"       Canada  duty 35    "    " 

Marble  mantels,  etc.,  Canada  duty 15     "     " 

Marble  in   blocks   sawn   on  more     than     one     side,   Canada 

duty 26  per  cent. 

Marble  ordinary  from  the  quarry,  Canada   15     "     " 

Spirits,  Brandy,  Whiskey,  Gin,  and  Rum,  U.  S.  duty  . .  $2  per  gal. 

Brandy,  Canada  duty 2     "     " 

Whiskey,  Gin,  Rum,  Canada  duty 1.75  "  " 

Sugar,   (all   under  "No.    13"   Dutch  Standard   x^*^^   ^-  per  ft). 
U.  S.  duty.     All  above  "  13  "  and  not  over  16,  2.^th  c.  per  ft.. 

Over  16  and  up  to  20, Ic.  per  fl^. 

Canada  duty,   S'ig'ir   for  r^jfioiaff  jiurpoccs,'  under  "14"lc. 
per  ft).;    when' not  for  tefiniug  purposes,  the  same  grade  Ic. 


loo  UUADY   U£FUU£NC£   MANUAL. 

per  111.  luul  30  per  cent,  advlm ;  all  over  the  Htonilnrd  of  "  14" 
1  J  c.  per  tt».  ttiid  36  pr-r  vxmi.  atlv'Iiii. 

Svuup  ANi>  MoLAMHKH,    luuler  50  (lugreoH  polariacope  luenHuro,   V.  S. 

duty    4<'>.  per  gal. 

Over  5<j  degree  poluriHcope,  U.  S.  duty    8     "     " 

Canndiau  duty  ou  Haine 20  per  cent. 

Salt,  put  up  in  piickageH  for  table  use,  U.  S.  duty 12c.  per  cwt. 

Canada  duty,  put  up  in  barrelH,  HackH,  or  packngcM  for  ordinary 

use,    15c.  per  cwt. 

In  Canada  the  bagH  and  barreln  are  subject  to  duty  same  aH 
eniptieH,   viz: — burrelu   '20c.  each  and   bagb  made  ofjjaperor 

cotton, 25  per  cent. 

Salt  bycargocH  in  bulk,  Canmla  duty   10c.  per  cwt. 

Salt  put  up  in  Hnmll  packagfH  for  fine  use, 10c.    '*     " 

Uhbuellah,  silk.  Alpaca    U.  S.  duty 60  per  cent. 

"  Canada  duty 30     "     " 

Parasol  components  thereof  or  umbrellas  for  use  of  manufac- 
turer, Canada  duty,    20  i)er  cent. 

Untanned  Skins  ob  Fuhs,  U.  S.  duty   free 

"        "       "      "     Canada  duty " 

WiNEB  :    All  wines  that  do  not  sparkle  U.  S,  duty 50  per  cent. 

Champagnes  in  bottles  of  one-half  pint,   $1.75  per  gal. 

Over  one-half  pint  and  up  to  1  i)t.  in  bottles,  ..      3.50   ''  doz. 

All  over  a  pint $2.26  per  gal. 

Claret  or  Burgundy  in  casks, $1.00  per  gal.  per  case. 

Canadian  duty:  Wines  of  all  brands  that  do  not  sparkle  and 
containing  letis  than  20  per  cent,  of  spirits,  in  wood  or  case 
glass,  not  exceeding  12  pints  to  a  gal.  25c.  per  gal.  duty,  along 
with  30  per  cent,  advlm  ;  Champagnes  $3  der  doz.  and  30  per 
cent,  advlm.  when  not  containing  more  than  a  quart ;  Wines 
sparkling  in  bottles  containing  more  than  a  pint,  and  over 
half  pint,  $150  per  doz.  and  30  per  cent.  ;  wines  put  up  in 
more  than  a  quart  bottle  shall  pay  in  addition  to  $3.00  per 
doz.  at  the  rate  of  $1.50  per  gal.  in  excess  of  the  quart  measure. 
Any  liquors  imported  under  the  name  of  wines  and  exceeding  40 
per  cent,  according  to  "  Sykes  Hydrometer'"  shall  be  classed  as 
spirits,  and  be  chargeable  as  the  -ddiire  :  viz: — $1.90  per  gal. 

Wool  (merino,  Mt*»tizo,  Metz  or  Inetib  woolb  of  fine  qualities,  and 


DUTIES  ON   IMI'ORTATTONR.  101 

when  tbo  value  of  the  Bamu  at  laat  port  of  untry,  uud  where 
shippod  to  United  States),  duty  10c.  per  lb.,  when  the  price 
paid  or  market  price  of  the  Hanioat  the  port  from  where  Hliippod 
did  not  exceed  30c.  per  th.  Where  price  exceeds  30c.  per  tl»., 
U.  S.  duty  12c.  per  lb. 

Canada  duty:  Unmanufactured  hair  of  the  Alpaca  goat  and 
other  likcaninialH,  along  with  the  LeiceHter,  CotHwold,  Liucoln- 

Bhiru,  South  Down,  known  aH  lustre  wools free. 

A  duty  is  charged  by  the  U.  S.  as  follows  upon  Donskoi  Cor- 
dova, Valparaiso,  when  shipped  from  the  lust  port  to  U.  S.:  the 
price  does  not  exceed  l'2c.  per  Ih.,  2Jc.  per  Ih.;  when  it  exceeds 
12c.  per  th ,  then  5c.  per  11 ». 

Tii.\,  U.  S.  duty free. 

"     Canada  duty  (except  when  shipped  fronj  the  U.  S.) free. 

"  "  "     (wh(!n  shipped  from  tlus  U.  S.)  -  -       10  per  cent. 

Patent  MEniciNUH :  compounds  not  patented  are  chargeable  for  en- 
try into  C'anada  as  follows:  Lic^uids,  50  per  cent.;  compounds 
in  solid  or  powders,  25  per  cent. 

AUTICLES  FUEE  OF  DDTV'  INTO  CANADA   NOT  IN  THE  ABOVE. 

Aconite,  oxalic  acid,  agaric,  alkanet  root,  aloes,  alum,  aluminum, 
ambergris,  ammcmia,  anatomical  preparations,  aniline  dyes,  aniline 
oil,  aniline  salts,  anchors,  antimony,  arsenic,  pot  and  pearl  ashes,  ash 
soda,  asphalum  beans,  vanilla  and  uux  vomica,  berries  for  dyeing, 
blue  vitriol,  bone  dust,  boracic,  borax,  bristles,  brimstone,  bromine, 
broom  corn,  burrstones.  Burgundy  pitch,  casts  and  moulds,  chalk 
and  cliif  stones,  chamomile  flowers,  chiuchona  bark,  chen-y  heat 
welding  compound,  citrons  and  rinds  of  in  brine  for  candying,  cot 
ton  yarns  finer  than  No.  40,  copper  in  sheets,  compasses,  cream  tar- 
tar, dragon's  blood,  fire  clay,  emery,  flint  stones,  fishing  tackle  for 
the  use  of  fisheries  where  licensed,  fossils,  fowl  for  breeding  pur- 
poses, foot  grease,  gentian  root,  guano,  gut  and  worm  gut,  bent 
show  case  glass,  fancy  and  flavored  grasses,  hair,  hemp  rags,  hick- 
ory lumber,  ice,  iodine,  iron  liquor,  jalap,  jute  buds,  indigo  paste, 
jute  yarn,  jute  unmanufactured,  scrap  iron,  leeches,  lemons,  litmus. 
Hquoricp  root,  lava,  locomotive  tires  of  Bessemer  steel  in  rough, steel 
used  in  manufacture  of  skates,  moss  sea-weed  and  all  other  vegeta 
ble  substances  used   for   matress  making,  munjeet,  musk,  oil  cake. 


102  READY   REFERENCE  MANUAL. 

cocoanut,  pitch,  phosphorus,  pipe  clay,  shellac,  rennet,  precipitate 
of  copper,  potash  German  mineral,  soda  ash, saffron,  sulphate  of  iron, 
tin  in  bars,  wire  iron  of  steel  or  galvanized — 16  gauge  or  smaller, 
woolen  rags,  zinc,  wood. 

UNITED  STATES  REVENUE  TAX  ON  TOBACCO. 

On  and  after  May  1st,  1883,  dealers  in  leaf  tobacco  shall  annu- 
ally pay  $12  ;  dealers  in  manufactured  tobacco,  $2.40  ;  all  manufac 
turers  of  tobacco  shall  pay  $6 ;  manufacturers  of  cigars  shall  pay 
$6 ;  pedlars  or  salesmen  shall  pay  $30 ;  pedlars  of  the  second 
class  shall  pay  $15,  of  the  third  class  $7.20,  of  the  fourth  class 
$3.60 ;  retail  dealers  in  leaf  tobacco  shall  pay  $250  and  30c.  for  each 
dollar  on  the  amount  of  their  monthly  sales,  in  excess  of  the  rates 
of  $500  per  annum.  Farmers  and  producers  of  tobacco  may  sell  at 
the  place  of  production  tobacco  of  their  own  growth  and  raising  at 
retail  directly  to  consumers,  to  amount  of  $100  per  annum. 


PART  ni. -CHAPTER  II. 

Treaties  between  the  United  States  and  the  United  Kingdom  of  Great 
Britain  respecting  the  Fisheries  of  Canada. 

Before  the  war  of  Independence,  in  1775,  British  American 
colonistB  enjoyed  equal  privileges  in  the  North  American  inshore 
fisheries  ;  but,  on  the  conclusion  of  peace,  it  became  a  question  how 
fttr  such  privileges  should  be  continued  to  those  who  had  volun- 
tarily severed  their  connection  with  the  British  Crown.  The  mat- 
ter was  fully  discussed  in  the  negotiations  which  preceded  the 
treaty  of  Paris,  and  an  agreement  was  arrived  at  by  which  United 
States  citizens  were  allowed  the  liberty  to  fish  and  to  dry  and  cure 
tish  on  certain  defined  portions  of  the  coasts  of  British  America. 

THE    TREATY    OF   PARIS. 

The  third  article  of  the  treaty  of  Paris,  of  3d  September,  1783, 
reads  as  follows  : — 

"  It  is  agreed  that  the  people  of  the  United  States  shall  con- 
tinue to  enjoy  unmolested  the  right  to  take  fish  of  every  kind  on 
the  Grand  Bank,  and  all  the  other  banks  of  Newfoundland,  also  in 
the  Gulf  of  St.  Lawrence,  and  all  other  places  in  the  sea,  where  the 
inhabitants  of  both  countries  used,  at  any  time  heretofore,  to  fish  ; 
and  also  that  the  inhabitants  of  the  United  Sta'es  shall  havo  liberty 
to  take  fish  of  every  kind  on  such  part  of  the  coast  of  Newfound- 
land as  British  fishermen  shall  use,  (but  not  to  dry  or  cure  the 
same  on  the  island),  and  also  on  the  coasts,  bays  and  creeks  of  all 
other  of  His  Britannic  Majesty's  dominions  in  America;  and  that 
the  American  fishermen  shall  have  liberty  to  dry  and  cure  fish  in 
any  of  the  unsettled  bays,  harbors  and  creeks  of  Nova  Scotia,  Mag- 
dalen Islands  and  Labrador,  so  long  as  the  same  shall  remain  un- 
settled ;  but  so  soon  as  the  same,  or  either  of  them,  shall  be  settled, 
it  shall  not  bo  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at 
such  settlement  without  a  previous  agreement  for  that  purpose 
with  the  inhabitants,  proprietors  or  possessors  of  the  ground." 

The  fisheries  continued  to  be  regulated  by  this  treaty  until  the 
war  of  1812,  by  which  the  liberties  granted  United  States  citizens 
under  the  above  treaty  (of  1783)  were  terminated. 


104  READY   REFERENCE  MANUAL. 

TUEATY    OF    GHENT. 

The  treaty  of  Ghent,  signed  in  1814,  contained  no  reference  t( 
the  fisheries  question,  although  in  the  negotiations  which  led  up  to 
that  event,  the  subject  was  discussed  by  the  plenipotentiaries  of 
both  powers.  On  the  part  of  the  British  Government  it  was  stated 
"  they  did  not  intend  to  grant  to  the  United  States  gratuitously  the 
privileges  formerly  granted  by  treaty  to  them  of  fishing  within  the 
limits  of  the  British  sovereignty,  and  of  using  the  shores  of  the 
British  territories  for  purposes  connected  with  the  British  fisher- 
ies" while  the  American  plenipotentiaries  declai'ed  that  they  were 
"  not  authorized  to  bring  into  discussion  any  of  the  rights  or  liber- 
ties which  the  United  States  have  heretofore  enjoyed  in  relation 
thereto ;  from  their  nature,  and  from  the  peculiar  character  of  the 
treaty  of  1783,  by  which  they  were  recognized,  no  further  stipula- 
tion has  been  deemed  necessary  by  the  Govei'nment  of  the  United 
States  to  entitle  them  to  the  full  enjoyment  of  them  all." 

Immediately  after  the  rising  of  this  treaty,  the  British  govern- 
ment issued  to  the  colonial  fisheries  the  following : — 

Instructions  from  the  British  Government  to  the  Goi^ernor  of 
Neinfoundland,  relatir^e  to  the  privileges  enjoyed  by  citizens  of  the 
United  States  to  fish  within  Jiritish  jurisdiction : 

Downing  Street,  17th  June,  1815. 

Sir  : — As  the  treaty  of  peace  lately  concluded  with  the  United 
States  contains  no  provisions  with  respect  to  the  fisheries,  which 
the  subjects  of  the  United  States  enjoyed  under  the  III  Article  of 
peace  of  1783,  His  Majesty's  Government  consider  it  not  unneces- 
sary that  you  should  be  informed  as  the  extent  to  which  those  priv- 
ileges are  affected  by  the  omission  of  any  stipulation  in  the  present 
treaty,  and  of  the  line  of  conduct,  which  it  is  in  consequence  advisa- 
ble for  you  to  adopt. 

You  cannot  but  be  aware  that  the  III  Article  of  the  treaty  of 
peace  of  1783,  contains  two  distinct  stipulations,  the  one  recogniz- 
ing the  rights  which  the  United  States  had  to  take  fish  upon  the 
high  seas,  and  the  other  granting  to  the  United  States  the  privi- 
leges of  fishing  within  the  British  jurisdiction,  and  of  using  under 
certain  conditions  the  shores  and  territories  of  His  Majesty's  for 
purposes  connected  with  the  fishery ;  of  these,  the  former  being 
considered  permanent,  cannot  be  altered  or  affected  by  any  change 


FTSTIKRTKS   TREATIES.  lOf) 

of  the  relative  situation  of  the  two  countries,  but  the  other  being  a 
privilege  derived  from  the  treaty  of  1783  alone,  was,  rs  to  its  dura- 
tion, neoossarily  limited  to  the  duration  of  the  treaty  itself.  On  the 
(h'crlanilion  of  war  by  the  Anioricau  government  and  the  conscciueiit 
abrogation  of  the  then  existing  treaties,  the  ITnited  States  forfeited 
with  respect  to  the  fisheries,  those  privileges  which  are  purely  con 
v<'ntional,  and  (as  they  have  not  been  renewed  by  stipulation  in 
the  present  treaty)  the  citizens  of  the  United  States  can  have  no 
jiretonse  to  any  right  to  fish  within  the  British  jurisdiction,  or  to 
iis«  tlie  J3ritish  territoiy  for  purposes  (Hinnected  with  the  fishery. 

Such  being  the  view  taken  of  the  ijuestion  of  the  fisheries  as 
far  as  relates  to  the  United  States,  I  am  commanded  by  His  Royal 
Highness,  the  Prince  llegeut,  to  instruct  you  to  abstain  most  care- 
fully from  any  iuterfereuce  with  the  fisheiy  in  which  the  citizens  of 
the  United  States  may  be  engaged,  either  on  the  Grand  Banks  of 
Newfoundland,  in  the  Gulf  of  St.  Lawrence,  or  other  places  in  the 
sea.  At  the  same  time  you  will  prevent  them,  except  under  the 
circumstances  hereiuaft<T  mentioned,  from  using  the  British  terri- 
tory for  purposes  connected  with  the  fishery,  and  will  exclude  their 
lishing  vessels  from  the  bays,  harbors,  rivers,  creeks  and  inlets  of 
all  His  Majesty's  possessions.  In  case,  however,  .it  should  have 
happened  that  the  fishermen  of  the  United  States,  through  ignorance 
of  the  circumstances  which  afiect  this  (juestion,  should,  previous  to 
your  arrival,  have  already  commenced  a  fishery  similar  to  that  car- 
ried on  by  them  previous  to  the  late  war,  and  should  have  occupied 
the  British  harbors,  and  formed  establishments  on  the  British  ter- 
ritory, which  could  not  be  suddenly  abandoned  without  very  con- 
siderable loss,  His  Royal  Highness,  which  is  compatible  with  His 
Majesty's  rights,  has  commanded  me  to  instruct  you  to  abstain  from 
molesting  such  fishermen,  or  impeding  the  progress  of  their  fishing 
during  the  present  year,  unless  they  should,  by  attempts  to  carry 
on  a  contraband  trade,  render  themselves  unworthy  of  protection  or 
indulgence  ;  you  will,  however,  not  fail  to  communicate  to  them  the 
tenor  of  the  instruction  which  you  have  received,  and  the  view  which 
His  Majesty's  Government  takes  of  the  fishery  question,  and  you 
will  above  all  be  careful  to  explain  to  them  that  they  are  not,  in  any 
future  season,  to  expect  a  continuance  of  the  same  indulgence. 

I  have,  etc., 

Vice-Admiral  Sir  Ricjiakd  G.  Keats. 

7  Bathurst. 


106  READY  REFERENCE  MANUAL. 

The  enfoireiuent  of  these  orders  led  to  numerous  seizures  of 
United  States  fishing  vessels  found  within  the  limits  of  the  colonial 
maritime  jurisdiction,  either  fishing,  remaining  in  harbors  with- 
out necessity  therefor,  or  using  the  coasts  for  purposes  connected 
with  their  iisheries. 

TliL'sc  stritigi'jit  measures  led  to  the  reopening  of  negotiations 
by  the  Tresident  of  the  United  States,  (President  Monroe)  in  1818, 
for  tiie  purpose  of  settling  in  an  amicable  maimer  the  disputed 
points  which  had  arisen  in  connection  with  the  fisheries.  Commis- 
sioners were  apjiointed  by  both  parties  and  the  Convention  of  1818 
was  signed  at  London  on  the  20tli  of  October  of  that  year, 

THK   CONVENTION    01'    1818. 

Artict.k  T,  of  this  convention  reads  as  follows: — 
"  Whereas  diirereiices  have  arisen  respecting  the  liberty  claimed 
by  the  Tiiited  States  for  the  inhabitants  thereof  to  take,  dry  and 
cure  Hsh  on  certain  coasts,  bays,  harbors  and  creeks  of  His  Britannic 
Majesty's  dumiiiiows  in  America,  it  is  agreed  between  the  High 
Contracting  Parties  that  the  inhabitants  of  the  said  United  States 
shall  have,  forever,  in  common  with  the  subjects  of  His  Britannic 
Majesty,  the  liberty  to  take  fish  of  every  kind  on  that  part  of  the 
southern  coast  of  Newfoundland,  Cape  Hay,  to  the  Rameau  Islands, 
on  the  western  and  northern  coasts  of  Newfoundland  from  the  said 
Cape  Kay  to  the  Quirpon  Islands  on  the  shores  of  the  Magdalen 
Islands,  and  also  on  the  coasts,  bays,  harbours  and  creeks  from 
Mount  Joly,  on  the  southern  coast  of  Labrador,  to  and  through  the 
straits  of  Belle  Isle,  and  thence  northwardly  indeiinitely  along  the 
coast,  without  prejudice,  however,  to  any  of  the  exclusive  rights  of 
the  Hudson  Bay  Company;  and  that  the  American  fishermen  shall 
also  have  liberty,  forever,  to  dry  and  cure  Hsh  in  any  })art  of  the 
unsettleil  bays,  harbours  and  creeks  of  the  southern  part  of  the  coast 
of  Newfoundland,  hereabove  described,  and  of  the  coast  of  Labra- 
dor; but  so  soon  as  the  same  or  any  portion  thereof  is  settled,  it 
shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such 
portions  so  settled,  Avithout  previous  agreement  for  such  ])urpose 
with  the  inhabitants,  i)roprietors  or  possessors  of  the  ground.  And 
the  United  States  hereby  renounce  foiH^ver  any  liberty  heretofore 
enjoyed  or  claimed  by  the  inhabitants  thereof,  to  take,  (by  or  cure 
lish  on  or  within  three  miles  (marine)  of  any  coasts,  bays,  creeks,  or 


FISHERIES  THEATIEH.  107 

liaibours  of  Ilis  Dritaiinic  Majesty's  dominions  in  America  not  in- 
cliuU'd  within  tlie  above-mentioncfl  limits;  provided,  however,  that 
the  American  fishermen  shall  be  permitted  to  enter  such  bays  or 
harbours  for  the  purpose  of  shelter,  and  of  repairing  damages 
therein,  of  purchasing  wood,  and  of  obtaining  water,  and  for  no 
oilier  i»urpose  whatever.  But  they  shall  be  under  such  restrictions 
as  shall  be  necessary  to  prevent  their  taking,  drying  or  curing  fish 
therein,  or  in  any  other  manner  whatever  abusing  the  privileges 
reserved  to  them." 

By  the  terms  of  this  Convention,  United  States  fishermen  have 
secured  to  them  forever  the  liberty  : 

1.  To  take  fish  on  the  southern  coast  of  Nev.'foundland  from 
('ape  Ray  to  the  Rameau  Islands;  On  the  western  and  northern 
coast  of  Newfoundland,  from  Cape  Ray  to  the  Quirpon  Islands;  on 
the  shores  of  the  Magdalen  Islands,  and  on  the  southern  coast  of 
Labrador  from  Mount  Joly  to  and  through  the  straits  of  Belle  Isle, 
and  thence  northwardly  indefinitely  along  the  coast. 

2.  To  dry  and  cure  fish  in  any  of  the  unsettled  bays,  harbors, 
and  creeks  of  the  southern  coast  of  Newfoundland  and  the  coast  of 
Labrador,  as  described  in  the  treaty. 

3.  To  be  admitted  to  the  bays  and  harbors  of  His  Britannic 
-Majesty's  dominions  in  America  for  purposes  of  shelter  and  repair- 
ing damages,  purchasing  wood,  obtaining  water,  and  foi  no  other 
]nir]>ose  v^hatever. 

In  1819  the  act  (59,  Geo.  III.,  Cap.  38,)  was  passed  by  the 
Engiisli  Government  for  the  due  execution  of  the  provisions  of  the 
convention.  Acts  for  similar  purposes  and  modelled  after  the  act 
of  the  home  government,  were  passed  by  the  colonial  legislature,  as 
follows : 

1836. — An  Act  relating  to  the  fisheries  and  for  the  prevention 
of  illicit  trade  in  the  province  of  Nova  Scotia,  and  the  coasts  and 
harbors  thereof. 

[Note. — For  the  information  of  the  unitiated  of  Canadian  gov- 
ernmental history,  what  are  now  called  the  provinces  of  Nova  Scotia, 
New  Brunswick,  Quebec  and  Ontario  were  under  separate  govern- 
luent  until  confederation  of  the  provinces  in  1866.  Their  acts  of 
I'arliament  were  the  same  as  the  -acts  of  Parliament^now  enacted  in 
the  Dominion  Parliament  at  the  present  time.  Consequently  these 
acts  that  I  am  noticing  were  the  same  as  federal  acts  of  Parliament, 


108  READY   REFERENCE   MANUAL. 

bnoauso  the  governor-general,  the  head  of  the  governments,  was  ap- 
pointed by  the  home  government,  in  a  like  manner  as  they  appoint 
governor-generals  for  the  whole  Dominion  at  the  present  time. 
Therefore,  the  legislation  passed  by  the  provincial  legislatures  now, 
can  be  vetoed  by  the  Dominion  Parliament,  being  subordinate  to  it, 
while  the  Dominion  is  subordinate  to  the  home  government. — The 
Author.] 

1843. — A.n  Act  relating  to  the  fisheries,  and  for  the  jM-evention 
of  illicit  trade  in  Piino()  Edward  Island  and  the  coasts  and  harbors 
thereof. 

1853. — An  Act  relating  to  the  coast  fisheries,  and  for  the  pre- 
vention of  illicit  trade. — New  ]ii  iinswick  16,  Vic,  Cliap.  69. 

1862. — Of  the  coast  and  deep-sea  fisheries. — Nova  Scotia,  25 
Vic,  Chap.  94. 

1866. — An  Act  to  amend  the  same,  29  Vic,  Chap.  35. 

1868. — An  Act  respecting  fishing  by  foreign  vessels,  31  Vic, 
Chap.  61. 

1870. — An  Act  to  amend  the  same,  33  Vic,  Chap.  15. 
1871.— An  Act  further  to  amend,  34  Vic,  Chap.  23. 

1886. — An  Act  further  to  amend  the  same,  49  Vic,  Chap.  114. 
All  of  these  from  1866  were  passed  by  the  Dominion  Parliament  and 
under  the  whole  of  these  the  British  and  colonial  governments  en- 
forced the  treaty  of  1818,  and  iirotected  the  inshore  fisheries  of  the 
British  American  colonies. 

From  1818  to  1851,  fifty-one  United  States  fishing  vessels 
were  seized,  of  which  twenty-fire  were  condemned  and  twenty-six 
released,  either  by  the  Admiral  commanding  or  by  order  of  the  courts 
of  Vice-Admiralty. 

The  offences  for  which  seizures  were  made  and  penalties  im- 
posed during  this  period  were : 

1.  Fishing  within  the  limits  set  forth  in  the  convention  of  1818. 

2.  Preparing  to  fish. 

3.  Purchasing  and  bartering  bait  and  supplies. 

4.  Being  in  harbors  and  bays  when  not  necessary  for  shelter 
and  rex^airs,  or  for  obtaining  wood  and  water. 

The  vigorous  enforcement  of  the  provisions  of  the  convention, 
led  to  negotiations  between  the  United  States  and  Great  Britain, 
which  ultimately  resulted  in  the  Reciprocity  Treaty  of  5th  of  June, 


1'IHIIEIUE.S   TREATIES.  lUU 

1854.     The  clauses  of  this  treaty,  relating   more  especially  to  the 
iiuheries,  are  ub  follows : 


THE    TREATY    OF  KECIPROCITY. 

Article  I. 

"It  is  agreeil  by  the  high  contracting  parties,  that  in  addition 
to  the  liberty  secured  to  the  United  States  tishernien  by  the  above 
lueutioued  Convention  of  20th  October,  1818,  of  taking,  curing  and 
drying  fish  on  certain  coasts  of  the  United  Kingdom's  British  North 
American  possessions  therein  defined,  the  inhabitants  of  the  United 
States  shall  have,  in  common  with  the  subjects  of  Her  Britannic 
Majesty,  the  liberty  to  take  fish  of  every  kind,  except  shell-fish,  on 
the  sea  coasts  and  shores,  and  in  the  bays,  harbors  and  creeks  of 
Canada,  New  Brunswick,  Nova  Scotia,  Prince  Edward  Island,  and 
of  the  several  islands  thereunto  adjacent,  without  being  restricted 
to  any  distance  from  shore,  with  permission  to  land  upon  the  coasts 
and  shores  of  those  colonies  and  the  islands  thereof,  and  also  upon 
the  Magdalen  Islands,  for  the  purpose  of  drying  their  nets  and  cur- 
ing their  fish;  provided,  that  in  so  doing  they  do  not  infftfere  with 
the  rights  of  private  property,  or  with  British  fishei  lun  in  the 
peaceable  use  of  any  part  of  the  said  coast  in  their  occupancy  for 
the  same  purj^ose. 

"  It  is  understood  that  the  above  mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  the  salmon  and  shad  fisheries  and 
all  fisheries  in  rivers  and  the  mouths  of  rivers,  are  hereby  reserved 
exclusively  for  British  fishermen. 

'*  And  it  is  further  agreed  that  in  order  to  prevent  or  settle  any 
disputes  as  to  the  places  to  which  the  reservation  of  exclusive  right 
to  British  fishermen  contained  in  this  article,  and  that  of  fishermen 
of  the  United  States  contained  in  the  next  succeeding  article,  apply, 
each  of  the  High  Contracting  Parties,  on  the  application  of  either 
to  the  other,  shall  within  six  months  thereafter,  appoint  a  Couimis 
siouer.  The  said  Commissioners,  before  proceeding  to  any  busi- 
ness, shall  make  and  subscribe  a  solemn  declaration  that  they  will 
impartially  and  carefully  examine  and  decide,  to  the  best  of  their 
judgment,  and  according  to  justice  and  equity,  without  ftar,  favor 
or  affection  to  their  own  country,  upon  all  such  places  as  are  in- 
tended to  be  reserved  and  excluded  from  the  common  liberty  of 


110  HEADY  nEFEUEN(!E   MAND.VL. 

fishing  uuder  Uub  nnd  tlie  next  succeeding  article ;  and  such  dec- 
larations bhall  be  entered  on  the  record  of  their  proceedings.  Tiie 
Commissioners  nhall  name  some  third  person  to  act  as  an  arbitra- 
tor or  umpire  in  any  case  or  cases  on  which  they  may  themHoIves 
differ  in  opinion. 

"  If  they  shoukl  not  be  able  to  agree  upon  the  name  of  such 
third  person,  they  shall  each  name  a  person,  and  it  shall  bo  deter- 
mined by  lot  which  of  the  two  persons  so  named  shall  be  the  arbi- 
trator or  umpire  in  cases  of  dill'erences,  o)-  diHagreeuiont  between 
the  Commissioners.  The  person  so  to  bo  chosen  to  be  arbitrator 
or  umpire,  shall  before  proceeding  to  act  as  such  in  any  case,  nuike 
and  subscribe  a  solemn  declaration  in  form  similar  to  that  whi(!h 
shall  already  have  been  made  and  subscribed  by  the  Commissioners, 
which  shall  bo  entered  on  the  record  of  the  proceedings. 

"In  the  event  of  the  death,  absouce  or  incapacity  of  either 
of  the  Commissioners,  or  of  the  arbitrator,  or  umpire,  or  of  their 
omitting,  declining  or  ceasing  to  act  as  such  Commissioner,  or  arbi- 
trator, or  umpire,  another  and  different  person  shall  be  appointed, 
or  named  as  aforesaid,  to  act  as  such  Commissiouerj  or  arbitrator  or 
umpire,  in  the  place  and  stead  of  the  person  so  originally  appointed, 
or  named  as  aforesaid,  and  shall  make  and  subscribe  such  declara- 
tions as  aforesaid. 

"  Such  Commissioners  shall  proceed  to  examine  the  coasts  of 
the  North  American  Provinces  and  of  the  United  States  embraced 
within  the  provisions  of  the  first  and  second  articles  of  this  Treaty, 
and  shall  designate  the  places  reserved  by  the  said  articles  from 
the  common  right  of  fishing  therein. 

"  The  decision  of  thcs  said  Commissioners,  and  of  the  arbitrator 
or  umpire  shall  be  given  in  writing  in  each  case,  and  shall  be  signed 
by  them  respectively.  The  High  Contracting  Parties  hereby  sol- 
emnly engage  to  consider  the  decisions  of  the  Commissioners  con- 
jointly, or  of  the  arbitrator  or  umpire,  as  the  case  may  be,  absolute- 
ly final  and  conclusive  in  each  case  decided  upon  by  them  or  him 
respectively." 

Article  II. 

"  It  is  agreed  by  the  High  Contracting  Parties  that  British 
subjects  shall  have,  in  common  with  citizens  of  the  United  States, 
the  liberty  to  take  fish  of  every  kind,  except  shell-fish,  on  the  eastern 


FISHERIES  TnEATIEH.  Ill 

Bea coaHts ttiul hIioioh  of  tlio  Uuiteil  Statos,nortli  of  tliiit.y-Mixtln,;}(tth) 
piuiillel  of  uorth  liititude  ami  on  the  BhoroB  of  tlie  buvorul  islaiulH 
thereuuto  adjacoiit.  ami  iji  tlie  bayH,  harbors  ami  crocks  of  tho  Haiil 
Bea  coasts  and  slioros  of  tlio  United  Statos,  and  of  the  naid  islands, 
without  being  rest'icted  to  any  'iatance  from  the  shore,  with  per- 
miBsioii  to  land  upon  the  said  coasts  of  the  United  States,  and  of 
the  islauda  aforesaid,  for  the  purpose  of  drying  their  nets  and  curing 
their  fish,  provided  in  bo  doing  they  do  not  interfer.i  vith  tl  e  rights 
of  private  proi)erty,  or  with  the  fishermen  of  the  United  Statos,  in 
peaceable  use  of  any  part  of  said  coasts  iu  their  occupancy  for  the 
same  purpose. 

"  It  is  umlerslood  that  the  above  mentioned  liberty  a2)plieB 
solely  to  the  sea  fishery,  and  that  salmon  and  shad  fisheries,  and  all 
fisheries  in  rivers  and  mouths  of  rivers  are  hereby  reserved  ex- 
clusively for  fishermen  of  the  United  States  without  uiterferonce."' 

A  Commission,  comiiosed  of  M.  H.  Perley,  Esq.,  on  behalf  of 
the  British  Government,  and  John  Hubbard,  Esq.,  on  behalf  of  (he 
United  States,  was  engaged  from  181)6  till  18(!0  in  determining  the 
places  (71  in  numb(  r)  to  which  the  exclusive  right  of  fishing  under 
the  first  and  second  articles  of  the  Treaty  above. 

The  Reciprocity  Treaty  continued  in  force  from  1854  until 
18()G,  when  it  terminated,  after  twelve  months'  notice  therein  pro- 
vided had  been  given  by  the  United  States  Government. 

Efforts  were  made  by  Canada  and  Great  Britain  for  its  renew 
al,  but  failed,   and  as  a  consecpience  of  such  failure,  the  American 
privileges  under  it  lapsed  and  the  Convention  of  1818  the  Canadian 
government  assume  revived. 

Upon  the  termination  of  the  Reciprocity  Treaty  on  the  17th 
of  March  1800,  Viscount  Monclc,  Governor  General  of  Canada 
"  Province  of  Canada,"  issued  the  following  proclamation  : — 

PROCLAMATION. 

Victoria,  by  the  Grace  of  God,  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  Queen,  Defender  of  the  Faith,  &c. 

To  all  whom  these  presents  shall  come,  or  whom  the  same 
may  concern,  Gueeting  : 

Whereas,  a  certain  Ti'eaty  was  made  between  Her  Majesty  and 
the  United  States  of  America,  on  the  5th  of  June,  1854,  providing 
for  reciprocal   trade  ;   and  whereas   the  United  States   of  America 


112  READY   REFEHENCE  MANUAL. 

have,  ill  ;i<('((i(liiiici'  witli  tlu'  Icrins  (tf  said  'I'rraty,  givoii  iiotiff  I'ltr 
the  tcriniiiatioii  tluTi'of;  and  wlnTeaH,  in  conHcquoiict' of  hiicIi  nuticc 
tilt!  Haid  Treaty  will  expire  on  liie  ITtli  day  of  March,  IHCO; 

And  wliereas,  under  tho  said  Treaty,  many  jterHonH,  eitizeiiH  of 
the  United  States  of  America,  havo  invested  moneys  and  fitted  out 
ships  for  the  purpose  of  carrying  on  the  (insiiore  tra(U')  fisiieries 
within  tlie  territory  of  C'ana<hi  under  the  said  Treaty; 

And  wliereas,  they  may  he  unaware  that  their  right  to  carry  on 
KUcli  inshore  lisheries  will  end  on  the  said  17tli  of  March; 

We,  therefoiH',  in  our  great  desire  to  prevent  injury  or  loss  to  our 

loving  suhjectts,    or  to   the  citizens  of  a  State  with  which  we  are 

happily  in  amity,  do  in   this,   our  Royal  Proclamation,  caution  and 

warn  all  persons  not  subjects  of  our  realm,  that  after  the  said  17tli 

(hiy  of  iNIarch  next,  no   vessels  owned  and   manned    in    the  United 

States  of  Anu'rica  can  pursue  the  inshore  fisheries  without  rendering 

themselves  liable  to  the  confiscation  of  their  vessels,  and  such  other 

penalties,  pecuniary  and  personal,  as  are  by  law  imposed. 

(Signed) 

MONCK," 

However,  this  ])r(jclaniation  was  subsequently  modified  by  the 
British  Government  and  fishermen  were  permitted  to  carry  on  their 
fishing  during  the  season  of  1800;  and  for  four  years  further  by  the 
Government  of  (Canada  adopting  tlie  expetlient  of  granting  licenses 
to  American  fishermen;  this  system  proved  abortive  after  the  first 
and  second  years  by  tlie  number  of  licenses  falling  off  from  305  in 
1860  to  25  in  1800. 

Following  this  the  British  Government  enforced  a  rigid  ad- 
herence to  what  they  assumed  their  rights;  vigorous  fieets  of  ships 
of  war  were  dispatched  from  tlie  home  government  in  1870,  and 
continued  until  tlie  next  year,  when  negotiations  between  Great 
Britain  and  the  United  States  resulted  in  the  a])pointmeiit  of  a 
Joint  High  Commission  to  whom  were  referred  several  matters  in 
dispute  between  the  two  governments,  among  which  was  included 
the  question  of  the  North  American  fisheries. 

The  Commission  held  its  first  meeting  at  Washington  on  the 
27th  of  February,  1871,  and  wiiat  is  known  as  the  "Washington 
Ti'eaty  "  was  signed  on  the  8th  day  of  May  of  the  same  year. 


KISHKlllEH   TKEATIES.  113 

THE    WASIIINOTON   TKEATV. 

'I'll*'  Artioli'H  of  tliirt  Tivaly  which  rchitc  to  tli«'  HsherifH  are  an 

I'oIIowm; — 

Article  XVIII. 

"It  is  iii^rt'cd  l»y  the  Ili.Lfh  (/Oiitnictiiii^  rurtii-s  tliat  in  ;nl(lilioii 
lo  thf  liluTty  sctMircd  to  tlic  irnitcil  Stutt's  lishciiiu'ii  by  tiic  Coiivcii- 
tioii  Ix'twcen  (Jrniit  Britain  ami  the  United  States,  aigucd  at  Loutlou 
i)n  the  20th  day  of  October,  1818,  of  ^akiu;,',  curing  and  drying  tibh 
on  certain  coasts  of  the  British  North  American  colonies  therein 
(k'tiiicd,  the  inhabitants  of  the  United  States  shall  have,  in  common 
with  the  subjects  of  Hor  Britannic  INIojcsty,  the  liberty,  for  tiie  term 
of  years  mentioned  in  Article  XXXIII  of  this  Treaty,  to  take  fish 
of  every  kind,  except  shell  tish,  on  the  sea  coasts  and  shores,  and  in 
the  bays,  harbors  and  creeks,  of  the  provinces  of  (Quebec,  Nova 
Scotia  and  Now  Brunswick,  and  the  colony  of  Prince  Edward  Island, 
iiiul  of  the  several  islands  thereunto  adjacent,  without  being  restrict- 
ed to  any  distance  from  the  shore,  with  permission  to  land  upon  the 
same  coasts  and  shores  and  islands,  and  also  upon  the  Magdalen 
Islands,  for  the  purpose  of  drying  their  nets  and  curing  their  tish  ; 
provided  that,  in  so  doing,  they  do  not  interfere  with  the  rights  of 
private  property  or  with  British  fishermen,  in  the  peaceable  use  of 
any  part  of  said  coasts  in  their  occuj)ancy  for  the  same  purpose. 

'*  It  is  understood  that  the  above  mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  the  salmon  and  shad  fisheries  in 
rivers  and  the  mouths  of  rivers  are  hereby  reserved  exclusively  for 
British  fishermen. 

Article   XIX. 

"  It  is  agreed  by  the  High  Contracting  Parties  that  British 
subjects  shall  have  in  common  with  citizens  of  the  United  States, 
the  liberty,  for  the  term  of  years  mentioned  in  Article  XXXIII  of 
this  Treaty,  to  take  fish  of  every  kind,  except  shell  fish,  on  the 
eastern  sea  coasts  and  shores  of  the  United  States  north  of  the 
thirty  ninth  parallel  of  north  latitude,  and  on  the  shores  of  the 
several  islands  thereunto  adjacent,  and  in  the  bays,  harbors  and 
creeks  of  the  said  sea  coasts  and  shores  of  the  United  States  and  of 
the  said  islands,  without  being  restricted  to  any  distance  from  the 
shore,  with  permission  to  land  upon  the  said  coasts  of  the  United 


114  READY  hefeuence  manual. 

StoteH  and  of  the  iHlmulH  iiforeHaid  for  tlie  puriiOHe  of  drying  tlioir 
iH'tH  and  curing  tlioir  fiHh  ;  provided  that,  in  8o  doing,  tlioy  do  not 
interfere  with  the  rights  of  private  property,  or  witii  the  liHhernien 
of  the  United  StateH,  in  the  peaceiiblo  umo  of  any  pari  of  the  Haid 
coastH  in  their  occupaiu^y  for  the  same  piirpoHe. 

"  It  is  understood  that  the  aboTO  mentioned  hherty  applies 
solely  to  the  Hea  tiHhery,  and  that  Halmon  and  Hlia*1  tiHlierieg  and  all 
other  tiHliorieH  in  riverw  and  nioutliH  of  rivors,  are  hereby  renervtid 
excluuively  for  tisherineu  of  the  United  States. 

Article  XX. 

"  It  is  agreed  tliiit  the  places  desigiuited  by  the  ConimisHioners 
ai)i)()inted  under  the  Ist  article  of  the  treaty  between  (Ireat  Britain 
and  the  United  States,  concluded  at  Washington  on  the  Hth  of  Juno 
1854,  upon  the  cousts  of  Iler  Britannic  Majeuty's  Dominions  and 
the  United  States,  as  places  reserved  from  the  connnon  right  of 
fishing  under  that  treaty,  shall  bo  regarded  as  in  like  manner  re- 
served from  the  common  right  of  fishing  under  the  preceding  ar- 
ticles. In  case  any  (piestion  should  arise  between  the  governments 
of  the  United  States  and  of  llcr  Britannic  Majesty  as  to  the  com- 
mon right  of  fishing  places  not  thus  designated  as  reserved,  it  is 
agreed  that  a  Commission  shall  bo  appointed  to  designate  such 
places,  and  shall  be  constituted  in  the  same  manner,  and  have  the 
same  powers,  dutios  and  authority  as  the  Commission  appointed 
under  the  said  Ist  article  of  the  treaty  of  the  5th  of  June,  1864. 

Article  XXI. 

"  It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  fish  oil,  and  fish  of  all  kinds  (except  fish  of 
the  inland  lakes  and  of  the  rivers  falling  into  them,  and  except  fish 
preserved  in  oil),  being  the  produce  of  the  fisheries  of  the  United 
States,  or  of  the  Dominion  of  Canada,  or  of  Prince  Edward  Island, 
shall  be  admitted  into  each  country  respectively  free  of  duty. 

Article  XXII. 

"Inasmuch  as  it  is  asserted  by  the  government  of  Her  Britanuic 
Majesty  that  the  pinvileges  accorded  to  the  citizens  of  the  United 
States  under  Article  XVIII,  of  this  treaty,  are  of  greater  value  than 
those  accorded  by  Articles  XIX  and  XXI,  of  this  treaty,  to  the  sub- 


FIMHFRIFH  TKRATIRH.  115 

jocIh  of  Hoc  liritaiiiiic  Majtmty,  ami  this  aHBortiun  \h  not  udiiiittu*] 
by  tho  fjfoveriiiuvnt  of  the  United  States,  it  Ih  further  agreeil  that 
CoiumiHHiuneru  Hhiili  be  appointed  to  detcnniuo,  having  regard  to 
the  privileges  acconb'd  by  the  Ignited  States  to  the  HubjeotH  of  Her 
l(ritanni(!  ^^ajeHty,  aH  stated  in  Articles  XIX  and  XXI  of  thin  treaty, 
the  unioiint  if  any  eoinpunsation  which,  in  their  opinion,  ought  to 
be  paid  by  the  goveriuneHt  of  the  United  States  to  tho  government 
of  Her  iiritannic  Majesty,*  in  return  for  the  privileges  accorded  to 
the  citizens  of  tho  United  States  under  Article  XVIII  of  this  treaty  ; 
and  that  any  sum  of  money  which  tho  said  CommiHsioncrs  may  so 
award  shall  be  ))aid  by  the  United  States  Ooveriiment  in  gross  sum, 
within  twelve  months  after  such  award  shall  have  been  given. 

Article  XXIII. 

"The  Commissioners  referred  to  in  the  preceding  article  shall  bo 
ai)pointed  in  tho  following  manner,  that  is  to  say  :  One  Conuuib 
sioner  shall  be  named  by  Her  Britannic  Majesty  and  the  Presi- 
dent of  the  United  States,  and  a  third  by  Her  Britannic  ^fajesty 
and  the  President  of  the  United  States  conjointly  ;  and  in  case  the 
third  Commissioner  shall  not  have  been  so  named  within  a  period 
of  three  mouths  from  the  date  when  this  article  shall  take  effect, 
then  tho  third  Commissioner  shall  be  named  by  the  representative 
at  London  of  His  Majesty  the  Emperor  of  Austria  and  King  of 
Hungary.  In  case  of  tho  death  or  absence,  or  incapacity  of  any 
Commissioner,  or  in  the  event  of  any  Commissioner  omitting  or 
ceasing  to  act,  the  vacancy  shall  be  filled  in  the  manner  hereinbe- 
fore provided  for  making  the  original  appointment,  the  period  of 
three  months  in  case  of  such  substitution  being  calculated  from  the 
date  of  the  happening  of  the  vacancy. 

"The  commissioners  so  named  shall  meet  in  the  city  of  Halifax, 
in  tho  Province  of  Nova  Scotia,  at  the  earliest  convenient  period 
after  they  have  been  respectively  named,  and  shall,  before  proceed- 
ing to  any  business,  make  and  subcribe  a  solemn  declaration  that 

*  This  Commission  was  appointed  by  the  united  governments,  and  met 
in  Halifax  on  the  Ifitli  day  of  June,  1877,  for  tlie  purpose  of  (letenniniiiK 
(ho  amount  of  compensation  to  Ir>  awarded  for  the  extension  of  tlie  (isliery 
jjiiviliges  herein  meiitioiiod,  and  after  sitting  over  live  months  awarded  the 
sum  of  S.'),.')()0,000  to  Ix;  paid  to  the  government  of  England  by  that  of  the 
United  States. 


116  READY  REFERENCE  MANUAL. 

they  will  impartially  and  carefully  examine  and  decide  the  matters 
referred  to  them  to  the  best  of  their  judgment,  and  according  to 
justice  and  equity ;  and  such  declaration  shall  be  entered  on  the 
record  of  ilioir  proceedings. 

"Each  of  the  high  contracting  parties  shall  also  name  one  person 
to  attend  the  Commission  as  its  agent,  to  rej)resent  it  generally  in 
all  matters  connected  with  the  Commission. 

Article  XXIV. 

"The  proceedings  shall  be  conducted  in  such  order  as  the  com- 
missioners appointed  under  Articles  XXII  and  XXXIII  of  this 
treaty  shall  determine.  They  shall  be  bound  to  receive  such  oral  or 
written  testimony  as  either  government  may  present.  If  either 
party  shall  oiler  oral  testimony,  the  other  party  shall  have  the  right 
of  cross  examination,  under  such  rules  as  the  Commissioners  shall 
prescribe. 

"If  in  the  case  submitted  to  the  Commissioners  either  party 
shall  have  specified  or  alluded  to  any  report  or  document  in  its  own 
exclusive  possession  without  annexing  a  cojjy,  such  party  shall  be 
bound,  if  the  other  party  thinks  proper  to  apply  for  it,  to  furnish 
that  party  Avith  a  copy  thereof;  and  either  party  njay  call  upon  the 
other,  through  the  Commissioners,  to  produce  the  originals  or  cer- 
tified copies  as  the  Commissioners  may  require. 

The  case  on  either  side  shall  be  closed  within  a  period  of  six 
months  from  the  date  of  organization  of  the  commission,  and  the 
commis.sioners  shall  be  retpiested  to  give  their  award  as  soon  as 
possible  thereafter.  The  aforesaid  period  of  six  months  may  be  ex- 
tended for  three  months  in  case  of  vacancy  occurring  among  the 
commissioners,  under  the  circumstances  contemplated  in  Article 
XXIII  of  this  treaty. 

Article  XXV. 

The  commissioners  shall  keep  an  accurate  record  and  correct 
minutes  or  notes  of  all  their  i^roceedings,  with  the  dates  thereof,  and 
may  appoint  and  employ  a  secretary  and  any  other  business  officer 
or  officers  to  assist  them  in  tbe  transaction  of  the  business  which 
may  come  before  them . 

Each  of  the  high  contracting  parties  shall  pay  its  own  commis- 
sioners and  agents  or  counsel ;  all  other  expenses  shall  be  defrayed 
by  the  two  governments  in  equal  moities. 


FISHERIES  TREATIES.  117 

Chapter  XXXII. 

It  is  further  agreed  that  the  provisions  and  stipulations  of  Ar- 
ticles XVIII  to  XXV  of  this  treaty,  iiiclnsiTe,  shall  extond  to  the 
colony  of  New  Fouudland,  so  far  as  they  are  applicable.  But  if  the 
Imperial  Parliament,  the  Legislature  of  New  Foundland  or  the  Con- 
gress of  the  United  States  shall  not  embrace  the  colony  of  New 
Foundland  in  their  laws  enacted  for  carrying  the  foregoing  articles 
into  effect,  then  this  article  shall  be  of  no  effect ;  but  the  omission 
to  make  provision  by  law  to  give  effect,  by  either  of  the  legislative 
bodies  aforesaid,  shall  not  in  any  waj'  impair  any  other  articles  of 
this  treaty. 

Article  XXXIII. 

The  foregoing  Articles  XVTI  to  XXV,  inclusive,  and  Article 
XXX  of  this  treaty,  shall  take  effect  as  soon  as  the  laws  re([uired  to 
carry  them  into  operation  shall  have  been  passed  by  the  Imperial 
Parliament  of  Great  Britain,  by  the  Parliament  of  Canada,  and  by 
the  Legislature  of  Prince  Edwai'd  Island,  on  the  one  hand  ;  and  by 
the  Congress  of  the  United  States  on  the  other. 

Such  assent  having  been  given,  the  said  articles  shall  remain 
in  force  for  the  period  of  ten  years  from  the  date  at  which  they  may 
come  into  Oi)eration  ;  and,  further,  until  the  expiration  of  two  years 
after  either  of  the  high  contracting  jiarties  shall  have  given  notice 
to  the  other  of  its  wish  to  terminate  the  same  ;  each  of  the  high 
contracting  parties  being  at  liberty  to  give  such  notice  to  the  other 
at  the  end  of  the  said  period  of  ten  years,  or  at  any  time  after- 
wards." 

The  acts  of  the  different  Parliaments  of  Great  Britain  and  the 
Congress  of  the  United  States,  having  been  passed,  a  proclamation 
tixed  the  1st  of  July,  1873,  as  t>he  date  on  which  they  were  to  come 
into  operation.  New  Foundland  did  not,  however,  adopt  the  treaty 
until  a  year  later. 

The  high  commissioners  appointed,  and  referred  to  in  explana- 
tory note  in  Article  XXII  hereinbefore,  as  to  their  award,  were:  Sir 
Alexander  Thomas  Gait,  of  the  city  of  Toronto  in  Canada,  by  Her 
iMajesty  the  Queen  of  England :  Hon.  H.  Kellogg,  by  the  appoint- 
ment of  the  President  of  the  United  States  ;  and  Mr.  M.  Delfosse, 
named  by  the  Emperor  of  Austria-Hungary. 


118  READY  REFERENCE  MANUAL. 

The  reciprocal  arriingeiiients  luade  under  the  treatj'  of  Wash- 
ington remained  in  force  for  a  period  of  ten  years,  when  on  the  3rd 
of  March,  1883,  the  following  resolutiou  was  adopted  by  the  Con- 
gress of  the  United  States: 

"  Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled :  That,  in  the 
judgment  of  Congress,  the  provisions  of  Articles  numbered  XVIII 
to  XXV,  inclusive,  and  of  Article  XXX  of  the  treaty  between  the 
United  States  and  Her  Britannic  Majesty,  for  an  amicable  settlement 
of  all  causes  of  difterences  between  the  two  countries,  concluded 
at  Washington,  on  the  8th  day  of  May,  1871,  ought  to  be  termi- 
nated at  the  earliest  possible  time,  and  be  no  longer  in  force ;  and 
to  this  end  the  President  be,  and  he  hereby  is,  directed  to  give  no- 
tice to  the  government  of  Her  Britannic  IVIajesty  that  the  provisions 
of  each  and  every  of  the  articles  aforesaid,  will  terminate  and 
be  of  no  force  on  the  expiration  of  two  years  next  after  the  time  of 
giving  such  notice. 

"  Sec.  2.  That  the  President  bo,  and  he  hereby  is,  directed  to 
give  such  notice  of  such  termination  on  the  1st  day  of  July,  1883, 
or  as  soon  thereafter  as  may  be. 

"  Sec.  3.  That  on  and  after  the  expiration  of  two  years'  time 
required  by  said  treaty,  each  and  every  of  said  articles  shall  be 
deemed  and  held  expired  and  be  of  no  use,  force  and  eft'ect,  and  that 
ev(;ry  department  of  the  government  of  the  United  States  shall  ex- 
ecute the  laws  of  the  United  States  [in  the  premises]  in  the  same 
manner  and  to  the  same  effect  as  if  said  articles  had  never  been  in 
force ;  and  the  Act  of  Congress  approved  1st  March,  1873,  entitled 
'  An  Act  to  carry  into  effect  the  provisions  of  the  treaty  between  the 
United  States  and  Great  Britain,  signed  in  the  city  of  Washington, 
the  8th  day  of  May,  1871,  relating  to  the  fisheries,'  so  far  as  it  re- 
lates to  the  articles  of  said  treaty,  so  as  to  be  terminated,  shall  be 
and  stand  repealed  and  be  of  no  force  on  and  after  the  time  of  the 
expiration  of  said  two  years." 

Approved  3rd  March,  1883. 

On  July  'Jd,  1883,  the  United  States  Minister  at  London,  ac- 
cordingly notiliod  Hit  Majesty's  Government,  tliat  the  Fisliery 
Articles  of  the  Treaty  of  Washington  would  terminate  on  the  1st 
day  of  July,  1885. 


FISHERIEH   TREATIES.  119 

A  temporary  agrocnu'iit,  as  the  result  of  negotiations,  Mas  en- 
tered into  between  the  United  States  and  Great  Britain,  thi'  purjiort 
of  wliieh  is  set  forth  in  the  following  proclamation  issued  by  the 
President  of  the  United  States  : — 

Agueement  between  the  United  States  and  Great  Britain  re- 
specting tlio  Fisheries,  concluded  22nd  of  Juno  1885. 

NOTICE. 

By  direction  of  the  President,  the  undersigned,  Secretary  of 
State,  hereby  makes  known  to  all  whom  it  may  concern,  that  a  tem- 
porary diplomatic  agreement  has  been  entered  into  between  the 
Government  of  the  United  States  and  the  Government  of  Her  Maj- 
esty in  relation  to  the  fishing  privileges  which  were  granted  by  the 
lishery  clauses  of  the  treaty  between  the  United  States  and  Great 
IJritaiii,  of  8th  of  May,  1871,  whereby  the  privilege  of  fishing, 
which  would  otherwise  have  terminated  with  the  treaty  clauses  on 
the  first  of  July  proximo,  may  continue  to  be  enjoyed  by  the  citi- 
zens and  subjects  of  the  two  countries  engaged  in  fishing  operations 
throughout  the  season  of  1885. 

This  agreement  proceeds  from  mutual  good  will  of  the  tAVO 
governments,  and  has  been  re^ached  solely  to  avoid  all  misunder- 
standings and  difficulties  which  might  otherwise  arise  from  abrupt 
(ci'inination  of  the  fishing  of  1885,  in  the  midst  of  the  season. 

The  immunity  which  is  accorded  by  this  agreement  to  the 
vessels  belonging  to  tlie  citizens  of  the  United  States  engaged  in 
tishing  in  the  British  American  waters,  will  likewise  he  extended 
lo  British  vessels  and  subjects  engaged  in  fishing  in  the  waters  of 
the  United  States. 

'J'he  Joint  Resolution  of  Congress,  of  3rd  March,  1883,  pro- 
viding: for  the  termination  of  the  Fishery  Articles  of  the  Treaty  of 
8th  March,  1871,  having  repealed  in  terms,  tbe  Act  of  1st  jMarcli, 
1873,  lor  the  execution  of  the  Fishery  Articles,  and  that  repeal  be- 
ing expressed  and  absolute  from  tlie  date  of  the  termination  of  said 
I'Mshery  Articles  under  due  notification  given  and  ])roclainu'd  by 
the  President  of  the  United  States,  to  wit,  1st  July,  1885,  the  pres- 
ent temporary  agreement  in  no  way  afi'ects  the  question  of  tho 
statutory  enactment  or  exemption  from  Customs  duties,  as  to  which 
tile  abrogation  of  the  Fishery  articles  remain  complete. 

As  part  of  this  agreement,  the  I'resident  will  bring   the  whole 


120  '        READY  REFERENCE  MANUAL. 

(juostion  of  the  fislicM'ics  before  Congress  at  its  next  session  in  De- 
cember, and  recommend  the  ajipointment  of  a  Joint  Commission  by 
the  (4overTiment  of  the  IJnitetl  States  and  (rreat  IJritain  to  eonsi(U'r 
tlie  matter,  in  the  interest  of  maintaining  good  neighborhood  and 
friendly  intercourse  between  tlie  two  countries,  thus  affording  a 
prospect  of  negotiation  for  the  development  and  extension  of  trade 
between  the  United  States  and  British  North  America. 

Coi>ios  of  the  memoranda  and  exchanged  notes  on  whicli  tliis 
temporary  agreement  rests  are  ajjjx'iith'd.  Reference  is  also  ma<le 
to  the  I'resident's  I'roclamation  of  'Msi  of  fTanuary,  1885,  terminat- 
ing the  Fishery  Articles  of  the  Treaty  of  Washington. 

liv  directioTi  of  the  President, 
(Sd.)  T.  F.  IJayaui), 

Sec'y  of  State. 

President  Cleveland  in  hi>;  Message  to  Congress  in  December, 
1885,  in  accordance  with  the  promise  in  tlie  above  agreement,  did 
recommend  that  Congress  provide  for  the  ai)poinment  of  a  Commis- 
sion in  which  the  Governments  of  the  United  States  and  Great 
Britain  should  join  in  a  settlement  of  the  question  of  the  res])ective 
countries  :  Congress  on  a  Resolution  rejected  the  same  by  a  vote 
of  .To  to  10.  Then  it  was  brought  up  before  Congress  in  December, 
188G,  and  a  Commission  was  agreed  upon  ;  Commissioners  met  at 
AVashington  and  agreed  upon  a  joint  Treaty  that  was  accepted  by 
the  House  of  Representatives  but  rejected  by  the  Senate  during  the 
session  of  l^^s7.  At  the  present  time  matters  stand  in  a  status  (pio, 
of  the  Treaty  of  1818. 


PART  IV— CHAP.  II. 

NEUTRALITY    LAWS    OF   NATIONS. 

Neutrality,  in  international  law,  the  indifferent  and  im])artial 
posture  maintained  by  one  nation  with  regard  to  others  whicli  are  at 
war.  This  character  is  usually  iinprossed  upon  a  nation  only  by  a 
war  between  other  states,  yet  what  is  called  a  pernianeut  neutrality 
may  also  exist,  as  in  the  case  of  Switzerland  and  Belgitiiu.  which 
have  engaged  always  to  remain  neutral  when  complications  arise 
between  other  powers.  The  jierfect  inviolability  of  its  toiritory  is  the 
clearest,  if  not  the  chief  right  of  a  neutral  state.  Admission  to  the  neu- 
tral domain  may  be  denied  to  all,  but  if  granted,  must  be  on  a  com- 
mon equality.  The  entrance  of  war  vessels  and  their  prizes  into 
neutral  ports  may  be  forbidden  ;  but  unless  it  is  expressly  prohibit- 
ed, the  liberty  to  enter  is  implied.  The  U.  S.  government  concedes 
this  favor  to  the  public  ships  of  hostile  powers,  without  their  prizes. 
Permission  to  raise  forces  within  the  neutral  territory  cannot  con- 
sistently be  given  to  one  belligerent  to  the  exclusion  of  others  and 
the  United  States  refuse  the  privileges  to  all  alike  upon  this  princi- 
ple. Whether  a  neutral  flag  protects  the  ship  and  cargo  it  covers 
from  the  assertion  of  belligerent  rights,  has  long  been  a  vexed  (jues- 
tion  in  international  law.  The  principle  that  the  character  of  the 
vessel  should  determine  that  of  the  cargo  was  embodied  in  the  trea- 
ties of  Utrecht  in  1713,  and  has  been  introduced  into  frequent  con- 
ventions based  upon  these  treaties,  to  which  Great  Britain  has  been 
a  party  ;  but,  except  when  bound  by  a  special  compact,  that  power 
has  steadily  maintained  the  rule  that  an  enemy's  goods  on  board  of 
a  neutral  ship  are  good  prize  of  war. 

In  its  general  jurisprudence  the  United  States  has  adopted  the 
same  rule  as  Great  Britain,  but  in  its  treaties  with  other  nations  has 
generally  inserted  the  more  liberal  principle  that  free  ships  make 
free  goods.  In  185G  Groat  Britain  formally  assented  to  the  doc- 
trine she  had  so  long  opposed,  by  joining  in  the  declaration  of  Paris, 
which  contained  the  provision  that  a  neutral  flag  should  cover  an 
enemy's  goods  except  contraband  goods  of  war  :  and  this  action  of 
the  great  powers  has  probably  for  all  time  iixed  the  maxim  in  the 
civilized  countries.  The  rule  that  goods  of  neutral  carriage,  except 
contraband,    are  not   liable  to  capture,  though  ladeu  in  an  enemy's 


122  READY   REFERENCE   MANUAL. 

ship,  was  also  included  in  the  declaration  of  Paris,  and,  although 
formally  rejected  by  France,  has  been  generally  observed  by  other 
nations.  While  a  neutral  may  carry  on  its  commerce  with  the  hos- 
tile powers  under  reasonable  restrictions,  its  ships  must  not  carry 
contraL'"!ul,  or  break  blockades,  or  in  any  way  render  direct  assis- 
tance in  the  war.  They  must  also  be  provided  with  proper  papers 
to  prove  their  nationality,  and  must  submit  to  a  reasonable  exercise 
of  the  right  of  visitation. 

Materials  fitted  by  their  nature  for  warlike  uses  will   be   deemed 
contraband  as  a  matter  of  course  ;  but  the  decision  as  to  articles 
which  are  serviceable  in  peace  as  well  as  in  war,  will  depend  upon 
the  circumstances  of  the  war,  and  the  use  to  which  it  seems  prob- 
able the  goods  will  be  put.     What  constitutes  a  violation  of  block- 
ade '?    There  must  be  ( 1 )  an  actual  blockade  by  a  force  sufficient  to 
maintain  it,  ( 2  )  a  proper  notification  of  it,  and  ( [i )  an  actual  or  at- 
tempted entrance  or  departure  with  a  cargo  laden  after  it  begins. 
As  to  the  assistance  which  a  neutral  may  render  to  a  belligerent,  it 
is  noteworthy  that  the  British  government  denied  the  right   of  an 
American  naval  officer  to  seize  the  confederate  ambassadors  on  the 
British  steamer  Trent  in  18G1,  and  the  United  States  disavowed  the 
act.     In,  J^olicies  of  I}isH7-<inee,  the  neuir&Miy  oi  the  property   in- 
sured is  sometimes  expressly  warranted,  in  which  case  the  warranty 
is  construed  to  mean  that  the  ship  or  cargo  is  sometimes  owned   by 
a  citizen  of  a  country  not  at  war  when  the  risk   begins,   and   that 
with   the  property  shall  go  all  these  usual  documents  and   precau- 
tions which  prove  the  neutrality   and  protect  it  from  belligerent 
risks.     The   warranty  requires    such  trade,  conduct,  and  course  of 
action  in  the  transaction  as  shall  be  in  conformity   and  adaptation 
to  it.     Thus  it  is  broken  if  a  vessel  exhibit  only  false  papers  when 
she  is  captured,  or  resist  a  search  when  rightly  demanded,   or   seek 
or  receive  belligerent  protection.     The  warranty  of   the   neutrality 
of  a  ship  is  broken  if  a  belligerent  own  any  part   of  it ;   but  in  re- 
gard to  goods,  the  warranty  of  the  neutrality  of  a  ship's .  goods   ex- 
tends only  to  the  interest  of  the  insured,  and  is  not  broken  by  the 
fact  that  part  of  the  cargo  not  insured  is  not  neuti'al.     If,  however, 
neutral  interests  or  property  are  indistinguishable  from  belligerent 
interests,   the  whole  becomes  liable  to  all  consequences  of  a  bellig- 
erent character. 


CHAPTER    III. 

MISCELLANEOUS  LAWS, 

I  'iiit  I. — The  Natunilizjition  Laws  of  the  United  States  and  Dominion  of  Can- 
ada. Part  II. — Extracts  from  the  Posttvl  Laws  of  the  United  States  and 
Canada,  respecting  mailable  and  nnmaihil)lo  matter.  Part  III. — Copy- 
ri;4ht  Unles  and  Regulations  of  the  United  States  and  the  Dominion  of 
t  'aiiada.  Patent  Laws  and  Ri'f^ulations  for  applying  for  a  patent  in  botli 
Countries,  and  the;  Laws  and  Rules  hearing  uimn  Trade  Marks.  Part 
IV. — Co-Partnership  Law.  Part  V. — Landlord  and  Tenant.  Part  VL— 
Miister  and  Servant  and  Apprentice.  Part  VII. — Extradition  Laws  be- 
tween United  States  and  Canada, 

PART  I— CHAP.  HI. 

NATURALIZATION  LAAVS  OP  UNITED  STATES. 

All  aliens  entering  the  United  States,  excepting  Chinamen,  who 
are  prohibited  under  all  circumstances,  can  become  citizens  in  the 
manner  following.  Naturalization  is  of  three  kinds :  (1)  Voluntary 
upon  petition.  (2)  Involuntary,  by  the  act  of  another.  (3)  Neither 
voluntary  nor  involuntary,  but  as  the  consequence  of  an  action  by 
tlie  person  concerned.  Voluntary  naturalization  by  petition  requires 
live  years'  residence ;  the  other  two  naturalizations :  (2)  of  minor 
children,  (3)  the  mai'riage  of  alien  women  to  citizens,  may  be  made 
upon  the  day  of  arrival.  Every  person  naturalized  whether  male  or 
female,  infant  or  aged,  is  entitled  to  "  second  papers.''  "  Second 
l^apers  "  may,  therefore,  be  obtained  by  some  aliens  one  daj'  after 
lauding,  while  others  must  wait  five  years.  But  only  free  white  and 
I'reo  or  slave  negro  women  are  naturalized  by  marriage  to  a  citizen. 
An  Indian  woman  cannot  be  naturalized  under  any  circumstances. 
The  following  is  the  oath  of  intention  to  become  a  citizen : — 

Unitku  States  of  America,    \ 
State  of  Vermont,  >  ss. 

Chittenden  County.  ) 

I,  John  Smith,  formerly  a  resident  of  Canada  and  now  residing 

at  Burlington,  Vermont,  an  alien,  do  declare  on  oath,  that  it  is  bona 

fide  my  intention  to  become  a  citizen  of  the  United  States,  and  to 

renounce  forever  all  allegiance  and  fidelity  to  any  foreign  Prince, 


124  IIRADY  RRFERENrE   MANUAL. 

Potentiito,  Statf  or  Sovereignity,  aud  particiiliirly  to  the  Qxeeit  of 

Oreat  liritahi.  nitd  Trdatnl,  of  which  I  am  at  this  time  n  citizen 

or  subject  John  Smith. 

The  foregoing  declaration  of  intention  \ 
made  and  sworn  to  bi  fore  me  this  > 
'2fith  day  of  January  A.  D.,  18H0.      ) 

RoHWKi.L  Dartiimocth, 
Clerk  of  the  County  Court  of  ('hittcuiden,  a  Court  of  TJecord 
having  common  law  juriKdiction,  a  Seal  and  a  ("lerk. 


\ 


State  of  Vkhmont, 

'    ss. 
Chittenden  County. 

I,  iioswKLL  Dautiimouth,  Clerk  of  Chittenden  County,  State  of 

Vermont,  a  Court  of  Record,  having  common  law  jurisdiction  and  a 

Clerk  and  S(!al,  do  hereby  certify  that  I  have  compared  the  above 

with  original  declaration  of  intention  of  John  Smith  to  bo  admitted 

a  citizen  of  th*^  Iljiited  States,  filed  in  my  office  this  daj-  and  now  on 

file  therein,  and  tliat  the  same  is  a  correct  transcript  thereof,  and  of 

the  whole  of  such  original. 

^-^>^-^>.  III    7\:stimoni/    Whereof  I   have   hereunto  set 

T     e     f  '".y  hand  and  uHixod  the  Seal  of  C'hittendeu  County, 

r  and  of  said  Court  at  the  City  of  J3inlington,  this  2()th 

^-^v-^-^-'  day  of  January,  Anno  Domini,  1889. 

RoswELL  Dahthmoutii,  Clerk. 

77/«  (iboi'e  certificate  is  evidence  in  any  State  in  the  United 
States,  that  John  Smith  has  declared  his  intention  at  the  time  and 
in  the  place  and  State,  of  becoming  a  citizen  of  the  United  States. 
It  is  a  comuio))  dehishm  in  the  British^Colonies,  that  the  special 
mention  of  renouncing  allegiance  to  the  Queen  of  Great  Britain,  is 
something  extraordinary,  and  not  required  of  other  aliens.  This  is 
a  misappiehonsion;  eveiy  foreigner  must  swear  allegiance  in  a  similar 
manner,  mentioning  the  Queen,  King,  Czar,  Prince  or  Potentate  of 
the  Country  of  which  he  is  a  citizen,  subject  or  adherant. 

77/6  applicant  must  be  a  resident  for  five  years  of  the  United 
States ;  and  although  he  may  not  have  declared  his  intention  as 
above,  until  two  or  three  years  after  becoming  a  resident,  he  can 
upon  taking  his  final  oath,  as  hereinafter  prescribed,  and  the  evi- 
dences of  such  residence  by  one  or  more  credible  witnesses,  secure 
his  certificate  of  citizenship ;  but  in  no  case  can  he  otherwise  obtain 


NATUItALIZATlON    I,A\VS.  125 

8iuli  ceititicute,  without  being  ii  rcsiilt'iit  in    tho  couutry  for  fioe 
I  I  ears. 

Witnenacs    .  ljfiff<ii'it. 

State  of  Vkumont,  1 

V    88. 

Cliitteuik'U  County. ) 
We,  John  Joneh  and  Wiluam  Hands,  of  the  City  of  Jjuriingtou, 
in  tho  County  of  Cliittcunlen,  iiforeKiiid,  and  Stiitc  of  Vermont,  ami 
being  citizens  of  tho  United  Stiites  of  Amoiii-a,  of  lawful  age,  depose 
and  say  that  we  are  personally  ao(juainted  with  John  Smith,  a  for 
eigner,  intending  to  become  naturalized. and  know  that  he  has  resided 
in  the  United  States  for  tho  last  live  years,  and  for  more  than  one 
year  past  in  Vermont,  and  that  he  is  a  nuiet  and  peaceable  person, 
and  well  disposed  to  the  Constitution  of  the  United  States,  and  to 
the  order,  good  government,  and  happiness  of  the  same. 

Dated  at  Burlington  this  -tth  day  of  March,  A.  D.,  18D1. 

John  Jonks. 
AVii-LiAM  Hands. 

/Subscribed  ami  Stnorn  to  at  Burlington,  this  -ith  day  of  March, 
A.  D.,  1891.  Before  me, 

RoswELL  Daiithmouth, 
Clerk  of  the  County  Court  of  Chittenden. 

Second  Ajfidavit  of  AllegUince  to   United  /States: 

I,  the  above  named  John  Smith,  do  hereby  declare  that  I  will 
support  the  Constitution  of  the  United  States,  and  that  I  do  abso- 
lutely and  entirely  renounce  and  abjure  all  allegiance  and  fidelity  to 
(■very  foreign  Prince,  Potentate,  or  Sovereignty,  whatever,  and  par- 
ticularly I  do  hereby  absolutely  and  entirely  renoutice  and  abjuie 
all  allegiance  and  fidelity  to  the  (iuceu  of  Great  Britain  and  Ireland. 

John  Smith. 

kSiibscribed  and  ISworn  to  iu  open  Court,  this  4th  day  of  March, 
A.  I).,  1801. 

RoswELL  Daetiimouth,  Clerk. 

Admitted  and  sworn,  as  above,  the  day  and  year 
last  aforesaid. 

Certificate  of  Citizenship  issued  this  5th  day  of  March,  1891. 

RoswELL  Dauthmoutu,  Clerk. 


r2«i 


ItKAUy    UliFEllENt'E   MANUAL. 


STATE  OF  VERMONT. 


ClIITTKNDKN    Coi'NTY. 


(ss. 


lie  it  reiitevibered,  that  at  the  session  of  the  County  Court  bo- 
gun  and  holden  at  Burlington,  within  and  for  said  County  of  Chit- 
tenden, on  the  last  Tuesday  in  February,  Anno  Domini,  1H91,  John 
Smith  of  the  City  of  Burlington,  and  County  of  Chittenden,  and 
State  of  Vermont,  having  complied  with  all  the  laws  of  the  United 
States,  relating  to  the  naturalizatioii  of  foreigners,  is  this  5th  day 
of  March,  A.  D.,  1891,  in  open  Court,  on  due  proof,  and  upon  his 
oath  of  abjuration,  and  his  oath  of  allegiance  to  the  United  States, 
by  the  judgment  and  order  of  said  Court,  admitted  to  all  the  rights 
and  privileges  of  naturalized  citizens  of  the  United  States. 

Ill  testiviony  whereof  I  have  hereunto  set 
my  hand  and  affixed  the  seal  of  said 
Court,  at  Burlington,  in  said  county, 
this  5th  day  of  March,  A.  D.,  1891. 

RoswELL  Daktumouth,  Clerk. 


NATURALIZATION    LAWS    OF    THE    DOMINION    OF    CANADA. 

Every  person  who  is  the  full  age  of  twenty-one  years  and  who 
is  not  an  idiot,  lunatic  or  married  woman,  can  become  by  the  laws 
a  naturalized  subject  of  Canada,  as  one  of  Her  Majesty's  colonies, 
under  44  V.  chapter  113.     The  following  are  the  forms :' 

"A." 

OATH    OF   BESIDENCE. 

I,  William  Jones,  do  solemnly  swear  (or  affirm  as  the  case 
may  be)  that,  in  the  period  of  five  yeais  preceding  this  date  I  have 


NATURALIZATION    LAWH.  127 

roHided  five  yrnrs  in  the  Dominion  of  Canada,  witb  intent  to  settle 
tli<'r«(in,  without  havinj,'  been,  during,'  Huch  £>»)  yeoTri,  ti  htated  reni- 
dt'ut  in  any  foreign  country.     So  help  mo  God. 

Sworn  bcforo  lue  iit  Montreal,  this  iHt  day)         xxr  t 

,  ,  .     .,  t         T      1   1UUI1     r        William  Jones. 

of  Junuary  ui  the  year  of  our  Lord,  1HH[).    ) 

WlLDlTIl    WiNO, 

C.  C.  Court. 

Note. — The  person  usually  authorized  to  take  this  oath  is  the 
clerk  of  the  County  Coiirt.  The  act  however  provides  that  the 
Governor  in  C!ouiicil  may,  from  time  to  time,  a]>point  commission- 
ers to  administer  oaths  under  the  act.  This  certificate  of  residence 
is  filed  when  taken  in  the  different  provinces  as  follows  :  Ontario, 
with  the  clerk  of  the  peace  in  the  county  whore  applicant  resides  ; 
(Quebec,  with  ttie  clerk  of  the  Circuit  C^ourt  of  the  circuit  within 
which  the  appellant  resides ;  Nova  Scotia,  with  the  prothonotary 
of  the  Supreme  Court;  New  Brunswick,  with  the  clerk  of  the  Su- 
preme Court;  British  Columbia,  with  the  clerk  of  the  Su})reme 
Court  for  the  province  ;  Prince  Edward  Island,  with  the  clerk  of 
the  Supreme  ('ourt  of  Judicature  ;  Manitoba,  with  the  clerk  of  the 
Court  of  (Queen's  Bench  ;  North  West  Territories,  with  the  person 
prescribed  by  the  Governor  in  council. 

CIVIL   SERVICE    EMPLOYEk's   O.VTH. 

/,   William  Ilojykiiis,  do  swear  (or  aflirm)  that,  in  the  period 

of  three  years  preceding  this  date,  I  have  been  in  the  service  of  the 

Government  of  Canada,  (or  of  the  Government  of  the  Province  *  * 

whatever  province  he  was  employed  by),  for  the  term  of  three  years 

and  I  intend,  when  naturalized,  to  reside  in  Canada  (or  to  serve 

under  the  Government  of    *    *    *    as  the  case  may  be). 

Sworn  before  me  at  Montreal,  this)  „,  ,_ 

Ist  day  of  January,  A.  D.,  1889.   /  William  Hopkins. 

Wilbur  AVino, 

c.  c.  c. 

Upon  the  filing  of  certificates  in  the  form  above  with  the 
otiicials  prescribed  in  the  different  Provinces,  the  proclamatory 
order  is  read  at  the  next  session  of  the  regular  Court  of  Oyer  and 
Termine,  or  County  Court,  and  if  no  objection  is  made  the  oath  of 
allegence  in  the  following  form  is  duly  administered  : 


1'2H  nEAUY   IIKIKIIENCE  MANUAL. 

OATH    of    AM.EUIANCE. 

I,  Wti.i.iAM  JoNCri,  do  Hoh-iiiiily  pruiiiiHi!  uiid  Hwvar  (or  aftirni) 
timt  I  will  be  fuithful  iiiul  bciir  tnio  allo^MiiD<-()  to  Her  MiijeHty 
(jtiocii  Victoi'iu  (or  tho  rci^iiin^  Hovoreigu  for  tho  tiiuo  buitig)  aH 
lawful  Sijvert'i^fn  of  tli«  United  Kiiif^'dom  «)f  Great  Britain  and 
Irelund,fan<l  of  tlio  Dominion  of  Ciinuda,  dopendiiiit  on,  and  Ix-long 
iii|r  to  the  Haid  lun^^'doni,  and  that  I  will  defend  Her  to  the  iitmuut 
of  my  |»ower  ajjfainHt  all  traitorouH  couHitiracieu  or  attetuptH  whatHO- 
evor  whieh  Hhall  be  made  u^'ainst  Her  I'erHon,  Crown  and  Dignity, 
and  that  I  will  do  my  utiuoHt  endeavor  to  diHcloHe  and  make  known 
to  Her  Majesty,  Her  Heirs  or  SueeeHMorH,  all  treauons  or  traitorouH 
couHjiirHeies  and  attemptH  whieh  I  sliall  know  to  be  againHt  Hor 
or  any  of  them:  and  all  thiu  I  do  Hwear  (or  atVirmi  without  any 
e(piivoeation,  mental  evasion  or  Heeret  rcHorvatiun.  Ho  help  me  God. 

Sworn   before   me  at  Montreal, 
this  iHt 


t^fore    me  at  Montreal, )  -.xr  t 

,    A  I     k     t\    1UU11    r  AViI.l.IAM     JONEH. 

of  AuguHt,  A.  J).  188  >.  ) 


WlI.UUU    WiNO, 

c.  c.  c. 

THE    NATURALIZATION    OEKTIFICATE. 

I,  Wilbur  Wing,  Clerk  of  the  Cireuit  Court  in  and  for  the  City 
of  .^^ontreal,  do  certify  that  William  JoneH,  an  alien,  on  the  Ist  day 
of  January.  18H9,  Hubscribed  and  took  before  nie  the  oath  of  rewi- 
dence.  and  upon  the  Ist  day  of  August,  188'.),  the  oath  of  allegiance, 
authorized  by  the  eighth  Heetiou  of  "  Tho  Naturalization  Act,"  and 
therein  swore  (oi-  atHrmcd)  to  residence  in  Canada  for  five  years  ; 
that  I  have  reason  to  believe,  and  do  believe,  that  the  said  William 
Jones,  within  the  period  of  five  years  preceding  the  said  day,  has 
been  a  resident  within  ('anada  for  five  years,  that  the  said  William 
Jones  is  a  person  of  good  character,  and  that  there  exists,  to  my 
knowledge,  no  reason  why  the  said  Williani  Jones  should  not  be 
granted  all  the  rights  and  capacities  of  a  natural  born  British 
subject. 

Dated  at  Montreal,  the  5th  day  of  August,  A.  D.  1889. 

Wilbur  Wino,  C.  C.  C. 

Note. — In  the  government  employee's  case  the  certificate  is 
simply  changed  from  live  years  to  three  years,  and  substituted  that 
he  was  in  the  civil  service  for  that  period. 


NATl'UAI.I/ATION    LANVM.  Vl'J 

"0." 

riNAL   OEUTU'ICATK   Ol'   TUK   CUUUT. 

Dominion  or  Canada,) 
I'roviiu'c  of  (jiittbec. ) 

III  the  ('ircuit  Court,  in  iiud  for  tin-  (!omity  of  Hoolu'lof^'a : 

Wlierc'iiH,  Wii.i.iAM  JoNKH,  foniicily  of  tlio  Cit}  of  Now  York,  in 

tlio  Uuitcd  Stiili'S   of  Aiiiericii,  iiiid  ii  citi/cii   tliuicot',  Iiuh  compliial 

with  t\w  nevoral  n^iuirciiu'iitrt  of  the  "  Nuliuiih/ution  Act,"  iiiul  hiiB 

(hiiy  reuided  iu  ('iiiiiidu  for  thu  puriod  of  five  ycarH.     And  whorfun 

the  certitit'iite  ^'runted  to  tiie  Hiiid   Williiiin  JoneH,  under  iLe  tenth 

Hection  of  said  Act  (the  nuturuU/ution  certificate),  und  hiiH  been  duly 

read  in  open  court  uiid  thereupon,  by  order  of  Hitid  court,   huH  Iteen 

lih'd  of  record  in  the  huiiic,  purHuiint  to  the  siiid  Act.     This  is,  there 

fore,  to  certify  to  all  whom  it  luiiy  concern,  tluit  under  mid  by  virtue 

of  the  Huid  Act,  Wii.mam  Jonks  huu  become  naturaU/ed  hb  a  liritiuh 

subject,  and  iH,  within  Canada,  entitled   to   all   political  and   other 

ri{,'htH,  powers  and  privilejjcH,  and  is  Hubject  to  all  obligatiouH  to 

which  a  natural-born  IJritish  subject  in  entitled  or  subject  within 

Canada,  with  this  (|ualitication,  that  he  shall    not,  when   within  the 

limits  of  tiie  foreij,'n  State  of  whicth  he  was  a  citizen,  previnns  to  the 

date  hereof,  be  deemed  to  be  a  British  subject,  unless  hv  has  ceaued 

to  bo  a  citi/en  of  that  State,  in  pursuance  of  the  lawH  thereof  or  iu 

pursuance  of  a  treaty  or  convention  to  that  efTect. 

Given  under  the  seal  of  the  said  court,  this  5th  day  of  August, 

A.  D.  1885). 

E.    F., 

Judge  of  the  Court,  presiding. 


PART  II— CHAP.  III. 

EXTRACTS  FKOM  THE  POSTAL  LAWS  AND  REGULATIONS  OF  THE  UNITED 

STATES  AND  CANADA. 

Blackmail  Postal  Cards.— The  letter  following,  from  Post 
master-Geueral  Dickson,  sets  forth  the  regulations  of  the  Postoffice 
Department  of  the  United  States  regarding  the  mailing  of  the  same : 

J'ostoffice  J)epartrnent,  ) 

Office  of  the  Postmaster  General,  >• 

Washington,  D.  C,  June  18,  1888.    ) 

The  President  has  this  day  approved  the  act  which,  among  other 
things,  provides  as  follows: 

"  And  all  matter  otherwise  mailable  by  law,  upon  the  envelope 
or  outside-  cover  or  wrapper  of  which,  or  postal  card,  upon  which 
indecent,  lewd,  lascivious,  obscene,  libelous,  scurrilous,  or  threaten- 
ing delineations,  epithets,  terms  or  language,  or  reflecting  injuri 
ously  upon  the  character  or  conduct  of  another,  may  be  written  or 
printed,  are  hereby  declared  unmailable  matter,  and  shall  not  be 
conveyed  in  the  mails,  nor  delivered  from  any  postoffice  nor  by  any 
letter-carrier ;  and  any  person  who  shall  knowingly  deposit,  or  cause 
to  be  deposited  for  mailing  or  delivery,  anything  declared  by  this 
section  to  be  unmailable  matter,  and  any  jierson  who  shall  knowing- 
ly take  the  same  or  cause  the  same  to  be  taken  from  the  mails,  for 
the  purpose  of  circulation  or  disposition  of,  or  of  aiding  in  the  cir- 
culation or  disposition  of  the  same, — shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  for  each  ofTense,  be  fined  not  less  than  $100 
nor  more  than  $5000,  or  imprisoned  at  hard  labor  not  less  than  one 
year  nor  more  than  ten  years,  or  both,  at  the  discretion  of  the 
court." 

l*ost7aasters  are  iwtijied  that  under  this  act  such  matter  will 
be  treated  precisely  as  obscene  matter  is  treated  under  the  provis- 
ions of  Section  380,  J'ostal  Lavs  and  Jtegalations. 

Any  postal  card,  or  any  other  matter  upon  the  envelope  or  out- 
side cover  of  which  appears  anything  which  reflects  injuriously  upon 


POSTAL   LA.\VS  AND   REGULATIONS.  131 

the  person  addressed,  or  any  one  else,  or  upon  his  character  or  con- 
duct, or  is  plainly  calculated  and  intended  to  injure  his  feelings  or 
reputation,  or  bring  him  discredit,  or  which  threatens  him — will  be 
excluded.  Anything  in  the  nature  of  an  offensive  or  threatening 
dun,  apparent  upon  an  envelope,  outside  cover  or  postal  card,  or 
conveying  the  suggestion  that  such  dun  is  inclosed,  will  be  excluded 
iis  non-mailable  under  this  act.  The  attention  of  postmasters  is 
called,  in  this  connection,  to  Sections  IJSl  and  527  of  the  Postal 
Laws  and  Regulations,  as  applicable.  As  to  the  mailabiiity,  the 
postmaster,  if  he  deems  any  case  doubtful,  will  submit  it  to  the  De- 
partment for  decision.  (Signed) 

Don  M.  Dickson, 

Postmaster-  General. 

DOMESTIC    RATES    OF    POSTAGE    IN    THE    UNITED    STATES. 

All  miiilable  matter  for  trausmisHion  by  the  United  States  mails 
within  the  United  States,  is  divided  \i\io  four  classes,  under  the  fol- 
lowing regulations : 

First  Class  Matter. — This  class  includes  letters,  postal 
(;ards,  and  anything  sealed  or  otherwise  closed  against  inspection, 
or  anything  containing  writing  not  allowed  as  an  accompaniment  to 
printed  matter  under  class  throe.  Kates  of  postage  to  any  part  of 
the  United  States,  t^co  cents  per  ounce  or  fraction  thereof;  rates  on 
local  drop  letters  at  free  delivery  offices,  tico  cents  per  ounce  or  frac 
tion  thereof;  at  offices  where  there  is  no  free  delivery  by  carriers, 
one  cent  per  ounce  or  fraction  thereof;  rates  on  postal  cards,  one 
cent.  Nothing  must  be  added  or  attached  to  a  postal  card,  exce2it 
that  a  printed  address  slip  may  be  pasted  on  the  address  side.  The 
addition  of  anything  else  subjects  the  card  to  letter  postage.  Noth- 
ing but  the  address,  and  as  hereinbefore,  must  be  upon  the  face,  or 
stamped  side. 

Rates  on  specially  delivered  letters,  ten  cents  on  each  letter  in 
addition  to  rcyular postage;  this  entitles  the  letter  to  immediate  de- 
livery by  special  messenger.  Special  delivery  stamps  are  sold  at 
postottices,  and  must  be  affixed  to  each  letter.  An  ordinary  ten-cent 
postage  stamp  affixed  to  a  letter  will  not  entitle  it  to  special  de- 
livery. 

Prepayment  by  stamps  invariably  required.     Postage  on  all 


182  READY   UEPEllENCE   MANUAL. 

letters  bhould  be  fully  prepaid,  but  if  prepaid  one  full  rate  and  no 
more,  they  will  be  forwarded,  and  the  amount  of  deficient  postage 
collectod  on  delivery  ;  if  wholly  unpaid,  or  prepaid  with  less  than 
one  full  rate  and  deposited  at  a  postoffice,  the  addressee  will  be  no- 
tified to  remit  postage,  and  if  he  fails  to  do  so  they  will  be  sent  to 
the  Dead  Letter  Office  ;  but  they  will  be  returned  to  the  sender  if 
he  is  located  at  the  place  of  mailing,  and  if  his  address  be  printed 
or  written  upon  them. 

Letter  rates  are  charged  on  all  productions  by  the  typewriter 
or  manifold  process.  Letters  (but  no  other  class  of  mail  matter) 
will  be  returned  to  the  sender  free,  if  a  request  to  that  eft'ect  is 
printed  or  written  on  the  envelope.  There  is  no  limit  of  weight 
of  first  class  matter. 

Prepaid  letters  will  be  forwarded  from  one  postoflice  to  another 
upon  the  written  request  of  the  person  addressed,  without  addi- 
tional charge  for  postage.  The  direction  on  forwarded  letters  may 
bo  changed  as  many  times  as  may  be  necessary  to  reach  the  person 
addressed. 

Second  Class  Matter. — This  class  includes  all  newspapers, 
periodicals,  or  matter  exclusively  in  print  and  regularly  issued  at 
st''.ced  intervals  as  frequently  as  four  times  a  year,  from  a  known 
office  of  publication  or  news  agency,  to  actual  subscribers  or  news 
agents,  and  transient  newsjjapers  and  publications  of  this  character 
mailed  by  persons  other  than  publishers. 

Hates  of  Postage  to  Publisheks. — One  cent  a  2>ound  or  frac- 
tion thereof,  prepaid  by  special  stamp.  Publications  designed  pri- 
marily for  advertising  or  free  circulation,  or  not  having  a  legitimate 
list  of  subscribers,  are  excluded  from  the  pound  rate,  and  pay  third 
class  rates. 

Publications  sent  to  actual  subscribers  in  the  country  where 
published  free,  unless  mailed  for  local  delivery  at  a  letter  carrier 
office.  Hates  of  postage  on  transient  newspapers,  magazines,  or 
periodicals,  one  cent /or  each  four  ounces  or  fraction  thereof.  These 
rates  do  not  apply  for  transient  publications  mailed  for  local  deliv- 
ery by  carriers  at  a  free  delivery  office. 

Third  Class  Matter. — Mail  matter  of  the  third  class  in- 
cludes printed  books,  pamphlets,  engravings,  circulars  (in  print  or 
by  the  hectograph,  electric  pen,  or  similar  process),  and  other  mat- 


rosTAIi    LAWS   ANT)    P.EaULATIONS.  138 

tei'  wholly  iu  print,  proof  sheets,  corrected  proof  sheets,  and  ninmi- 
scripts,  copies  or  copy  accompanying  the  same.  The  rate  on  matter 
of  this  class  is  (me  cent  for  each  two  ounces  or  fraction  thereof. 
Manuscrij^t,  unaccompanied  by  proof  sheets,  must  pay  letter  rates. 
Third  class  matter  must  admit  of  easy  inspection,  otherwise  it  will 
1)6  charged  letter  rates  on  delivery.  It  must  be  fully  prepaid,  or  it 
will  not  be  forwarded.  Its  wrapper  must  bear  no  writing  or  print- 
ing except  the  name  and  address  of  the  sender  and  a  retui'u  re- 
quest. 

The  limit  of  weight  is  four  pounds,  except  single  books  in  sep- 
arate packages,  on  which  the  weight  is  not  limited.  The  name  and 
address  of  the  sender,  preceded  by  the  word  "  from,"  may  be  writ- 
ten upon  the  package,  and  a  simple  manuscript  dedication  may 
appear  in  a  book  or  upon  the  article  enclosed,  as  :  "  Presented  to — 
by — ,  etc.,"  or  "A  birthday  gift  from  — ,  etc." 

Fourth  Class  Matter.— Fourth  class  matter  is  all  mailable 
matter  not  included  in  the  three  preceding  classes,  which  is  so  pre- 
pared for  mailing  as  to  be  easily  withdrawn  from  the  wrapper  and 
examined.  It  embraces  merchandise  and  samples  of  every  kind 
and  description,  and  coin  and  specie.  Hates  of  postage,  o7ie  cent 
for  each  ounce  or  fraction  thereof^  (except  seed,  roots,  bulbs,  cut- 
tings, coins  and  plants,  the  rate  of  which  is  one  cent  for  eac/i  two 
ounces  or  fraction  thereof)  ;  this  matter  must  be  fully  prepaid,  or  it 
will  not  be  forwarded. 

Articles  of  this  class  that  are  liable  to  injure  or  deface  the  mails 
— such  as  glass,  sugar,  needles,  nails,  pens,  etc., — must  be  first 
wrapped  in  a  bag,  box,  or  open  envelope,  and  then  secured  in  an- 
other outside  tube  or  box  made  of  metal  or  hardwood,without  sharp 
corners  or  edges,  and  having  a  sliding  clasp  or  screw  lid,  thus  secur- 
ing the  articles  in  a  double  package.  Such  articles  as  poisons,  ex- 
plosives, or  inflammable  articles,  live  animals,  insects,  or  substances 
exhaling  a  bad  odor,  will  not  be  forwarded  in  any  case.  The  regu- 
lations respecting  the  mailing  of  li(^uids  are  as  follows :  Liquids  not 
ardent,  vinous,  spiritous  or  malt,  and  not  liable  to  explosion,  spon- 
taneous combustion,  or  ignition  by  shock  or  jar,  and  not  inflamma- 
ble (such  as  kerosene,  naphtha  or  turpentine),  may  be  admitted  to 
the  mails  for  transportation  within  the  United  States.  When  con- 
tained in  glass  bottles  or  vials,  such  bottles  or  vials  must  be  strong 


134  READY  REFERENCE  MANUAL. 

enough  to  stand  the  shock  of  handling  in  the  mails,  and  must  be  en- 
closed in  a  wooden  or  papier  mache  block  or  tube,  not  less  than 
three-sixteenths  of  an  inch  thick  in  the  thinnest  part,strong  enough 
to  support  the  weight  of  mails  piled  in  bags,  and  resist  rough  hand- 
ling ;  and  there  must  be  some  other  absorbent  sufficient  to  protect 
the  glass  from  shock  in  handling ;  the  block  or  tube  should  be  a 
tightly-fitted  screw-lid  of  wood  or  metal,  with  a  rubber  or  other  pad 
so  adjusted  as  to  make  the  block  or  tube  water-tight  and  prevent 
the  leakage  of  the  contents  in  case  of  breaking  of  the  glass.  The 
limit  of  admissible  liquids  and  oils  is  not  to  exceed  four  ounces, 
liquid  measure.  Limit  of  weight  (excepting  liquids)  four  pounds. 
The  ordinary  return  directions  are  admitted  to  be  written  or  printed 
thereupon. 

Registration. — All  kinds  of  postal  matter,  except  second  class 
matter,  can  be  registered  at  the  rate  of  ten  cents  for  each  package 
in  addition  to  the  regular  rates  of  postage,  to  be  fully  prepaid  by 
stamps.  Each  package  must  bear  the  name  and  address  of  the  send- 
er, and  a  receipt  will  be  returned  from  the  person  to  whom  ad- 
dressed. The  Postoffice  Department  or  its  revenue  is  not  liable  for 
loss  of  any  registered  mail  matter. 

MoNEi  Okders  Payable  at  Domestic  Offices,  the  rates  are  as 
follows  : — For  sums  not  exceeding  $5,  five  cents  ;  for  $5  and  up  to 
$10,  eight  cents ;  for  $10  to  $15,  ten  cents  ;  for  $15  to  $30,  fifteen 
cents  ;  for  $30  to  $40,  twenty  cents ;  for  $40  to  $50,  twenty-five 
cents ;  for  $50  to  $60,  thirty  cents  ;  for  $G0  to  $70,  thirty-five  cents; 
for  $70  to  $80,  forty  cents ;  for  $80  to  $100  forty-five  cents. 

Postal  Notes  ai  issued  for  sums  less  than  $5,  for  a  fee  of 
three  cents,  and  are  payable  to  any  person  presenting  them,  either 
at  the  office  designated  on  the  note  or  at  the  office  of  issue  within 
three  months  of  date  of  issue.  They  are  not  issued  withoiit  the 
United  States,  or  payable. 

Free  Delivery  is  required  by  law,  in  every  town  or  city  of 
50,000  population,  and  may  be  established  in  places  containing  not 
less  than  10,000. 

Franking  Privileges  were  abolished  in  July,  1873,  excepting 
public  documents  printed  by  order  of  Congress ;  letters  or  other 
matter  relating  exclusively  to  the  United  States  Government,  or  appli- 


POSTAL    LAWS   AND   REGULATIONS.  135 

cations  for  copyrights,  etc.,  under  the    regulations  as  set  forth  in 
the  Copyright  Regulations  in  this  Chapter,  Part  IIL 

Postage  to  Canada  : — Letters  per  ounce  (prepayment  compul- 
sory) two  cents  ;  postal  cards,  one  cent ;  newspapers,  per  four  oun- 
ces, one  cent ;  samples  of  merchandise,  not  exceeding  8  ounces,  ten 
cents ;  registration  fee,  ten  cents.  Correspondence  Exchangeable 
comprises  letters  (ordinary  and  registered),  postal  cards,  news- 
papers, pamphlets,  magazines,  books,  maps,  plans,  engravings 
drawings,  photographs,  lithographs,  sheets  of  music,  etc.,  and 
patterns  and  samples  of  merchandise  including  grains  and  seeds. 
Any  article  of  correspondence  may  be  registered.  Patterns  and 
samples  are  construed  to  be  bona  fide  specimens  of  goods  on  hand 
and  for  sale,  having  no  intrinsic  value  apart  from  their  use  as 
patterns  or  samples.  They  are  subject  to  the  regulations  of  either 
country  to  prevent  violations  of  the  revenue  laws,  must  be  left  easy 
of  inspection,  if  inspection  is  required. 

Countries  of  the  Universal  Postal  Union  include  nearly  all 
the  civilized  countries  of  the  world,  except  the  provinces  of  Austra- 
lia and  others  hereinafter  mentioned.  The  Postage  to  all  the  coun- 
tries under  this  union,  is  as  follows : — Letters,  per  half  ounce, 
prepayment  optional,  five  cents;  Post  cards,  two  cents;  New.spapers 
and  other  printed  matter,  per  2  ounces,  one  cent;  Commercial  papers 
in  packets  not  exceeding  10  ounces,  five  cents  ;  exceeding  10  ounces, 
for  each  2  ounces,  07ie  cent;  Samples  of  merchandise,  not  exceed- 
ing 4  ounces,  for  each  2  ounces,  one  cent;  Registration  fee  on  all 
articles  or  letters  named,  ten  cents  additional. 

Countries  or  Colonies  of  Great  Britain  not  m  the  Postal 
Union  : — Australia,  except  New  South  Wales,  Queensland  and 
Victoria;  Cape  Colony,  China,  Natal,  Morocco,  New  Zealand, 
Transval,  Madagascar,  and  St.  Helena.  J^ostage  to  all  the  Australian 
Colonies  and  New  Zealand : — 12  cents  per  half  ounce  prepaid  ;  Cape 
Colony  and  St.  Helena,  15  cents  per  half  ounce ;  Australia  that  is 
not  out  of  the  Postal  Union  and  letters  addressed  via.  San  Francisco, 
five  cents  per  half  ounce ;  Newspapers  to  Australia,  two  cents  jier 
2  ounces. 

EXTRACTS   postal   LAWS   OP   CANADA, 

Section  103,  46  Vic. — Provides  that  every  one  who  posts  for 
transmission  or  delivery,  by  or  through  the  post,  any  obscene  or 


130  READY  REFERENCE   MANUAL. 

immoral  book,  pamphlet,  picture,  print,  engraving,  lithograph,  pho- 
tograph, or  other  publication,  matter  or  thing  of  an  indecent,  im- 
moral, seditious,  disloyal,  scurrilous,  or  libelous  character ;  or  any 
letter  upon  the  outside  or  envelope  of  which,  or  any  post  card  or 
post  band  or  wrapper  upon  which,  there  are  words,  devices,  matters 
or  things  of  the  character  aforesaid,  or  any  lottery  circular,  or  con- 
cerning an  illegal  gift  concert  or  other  similar  enterprise,  offering 
prizes  ;  or  concerning  schemes  devised  and  intended  to  deceive  and 
defraud  the  public,  for  the  purpose  of  obtaining  money  under  false 
pretences, — is  guilty  of  a  misdemeanor. 

Section  92,  38  Vic. — Provides  against  inclosing  explosive  sub- 
stances in  matter  posted  in  the  mails,  as  follows  :  Every  one  who 
incloses  in  or  with  any  letter,  packet  or  other  mailable  matter,  sent 
by  post,  or  puts  into  any  postoffice,  any  explosive,  dangerous  or  de- 
structive substance  or  liquid,  or  any  matter  or  thing  likely  to  injure 
any  letter  or  other  mailable  matter  or  the  person  of  any  officer  or 
servant  of  the  postoffice, — is  guilty  of  a  misdemeanor,  unless  such 
offence  is,  by  the  criminal  statutes,  punishable  in  a  greater  magni- 
tude. 

Section  45,  Chap.  35. — Any  letter  or  other  article  of  mail  mat- 
ter suspected  to  contain  any  contraband  goods,  wares  or  merchan- 
dise, or  any  goods,  wares  or  merchandise  on  the  importation  list, 
on  which  coming  into  Canada  any  duty  or  customs  are  by  law  pay- 
able, and  suspected  to  have  been  inclosed  therein  and  sent  by  post 
to  evade  payment  of  the  customs,  who  in  the  presence  of  the  person 
to  whom  the  same  is  addressed,  or  in  his  absence  the  collector  at  the 
nearest  port,  may  open  and  examine  the  same.  If  dutiable  goods 
are  found  therein,  the  collector  may  detain  the  letter  or  article  of 
mail  matter  and  its  contents  for  the  purpose  of  prosecution ;  or  by 
notice  to  the  party  addressed,  inform  the  person  that  a  letter  or 
parcel  is  laying  in  the  customs  for  him,  if  he  supposes  it  is  a  case 
of  no  evasion  of  the  law. 

Section  93,  35-49, Vic,  provides  a  penalty  of  $10  and  up  to  $40, 
for  inclosing  in  a  parcel  or  newspaper,  letter,  post  card,  or  other 
mail  matter. 

Postage  Rates  Within  Canada  or  to  the  United  States. — On 
all  first-class  matter,  three  cents  per  ^  oz.;  post  cards,  one  cent; 
registration,  two  cents  extra. 


POSTAL    LAWS  AND   REOULATIONS.  137 

Postage  to  Foreion  Countriks,  Exokpt  thk  U.  S. —  /''ice  cotts 
per  half  ounce  to  Austria,  Belginiu,  Cuba,  Egypt,  France,  Germany, 
Gibraltar,  Holland,  Italy,  Japan  (viaU.  S.),  Madeira,  Mexico,  Portu- 
•^a\,  Iluseia,  Sandwich  Islands,  St.  Pierre  et  Miquelon,  Spain, Sweden, 
Switzerland,  Bermuda,  Newfoundland;  ten  cents  per  half  ounce  to 
Africa,  Brazil,  Buenos  Ayres,  Ceylon,  China,  Maiirifiiis,  Monte  Vi- 
deo and  Sierra  Leone  ;  fifteen,  cents  per  half  ou7ice  to  the  following 
places:  Australia  S.  &  W.,  Cape  of  Good  Hope,  New  South  "Wales, 
New  Zealand,  Tasmania  and  Victoria ;  serpen  cents  to  Fiji  Islands 
and  to  South  and  "West  Australia,  not  by  Brisbane. 

Newspapers. — Where  live  cents  postage  per  half  ounce  is 
charged  on  letters,  one  cent  per  two  ounces  is  charged  on  newspap- 
ers ;  where  10  cents  letter  postage,  two  cents  per  two  ounces;  wliere 
15  cents  per  half  ounce  on  letters,  four  cents  per  two  ounces  on 
papers  ;  where  7  cents,  three  cents  per  two  ounces. 

Same  Regulations  as  in  U.  S.  is  adopted,  unless  as  follows  : 
There  is  no  special  delivery ;  there  is  no  postal  notes  issued  ;  frnnk- 
iiig  is  admitted  on  all  correspondence  with  the  governinent  or  all 
its  departments  and  employees  at  the  head  departments;  with  all 
membors  of  the  Senate  and  House  of  GoinmoiiR,during  he  session  of 
Parliament;  upon  all  matters  appertaining  to  the  copyiight  or  pat- 
ent and  trade  mark  departments.  Canada  has  a  "  Book  Post "  of 
one  cent  per  four  ounces;  to  the  United  Kingdom,  one  cent  per  two 
ounces;  they  have  a  parcel  post  in  which  they  charge  six  cents  p'^r 
four  ounces,  and  five  cents  for  registering ;  five  cents  is  charged  i^r 
registration  on  all  places  outside  of  Canada. 


TART  III.— CHAP.  III. 

D1UF.CTION8     KOH     HEOCItlNO     OOPVUiaHTS     IN     TUB     UNITED    STATES    UNDER 
THE    I,ATKHT    ItEVlSKD    AOTH    OF    C0N0UES8. 

1. — A  priiiled  copy  of  the  title  (boHides  the  Iwo  copies  to  be 
(lepoHited  after  publication)  of  the  book,  map,  chart,  dramatic  or 
musical  composition,  engiaviiif,',  cut,  print,  or  photograph,  or  u 
description  of  the  painting,  drawing,  chromo,  statue,  statuary,  or 
model  or  design  for  a  work  of  the  fine  arts,  for  which  copyright  is 
desired,  must  be  sent  by  mail  or  otherwise,  prepaid,  addressed  : 

"  LlliRAKIAN   or    CONORESS, 

Washington,  D.  C." 

Tbis  must  bo  done  before  jMiblication  of  the  book  or  other  article. 
The  printed  title  rccjuired  may  be  a  copy  of  the  title  pag'3.  In 
other  cases,  the  title  must  be  ])rintod  expressly  for  copyright  entry, 
with  name  of  claimant  of  copyright.  The  style  of  type  is  immaterial, 
and  the  print  of  a  type-writer  will  be  accepted.  But  a  separate 
title  is  rcrpiircd  for  each  entry,  and  each  title  must  be  printed  on 
paper  as  large  as  commercial  note.  The  title  of  a  periodical  must 
include  the  date  and  number. 

2. — The  legal  fee  for  recording  each  copyright  claim  is  50  cents, 
and  for  a  copy  of  this  record  (or  certificate  of  copyright)  an  addi- 
tional fee  of  50  cents  is  required,  making  $1,  in  case  certificate  is 
wanted,  which  will  be  sent  by  early  mail.  Certificates  covering 
more  than  one  entry  are  not  issued. 

3. — Within  ten  days  after  publication   of  each  book  or  other 

article,  two  complete  copies  of  the  best  edition  issued  must  be  sent, 

to  perfect  the  copyright  (as  set  forth  in  clause  one  above),  with  the 

address : 

"  Librarian  of  CoxaREss, 

Washington,  D.  C." 

The  postage  must  bo  prepaid,  or  else  the  publication  inclosed 
in  parcels  coveied  by  printed  Penalty  Labels,  furnished  by  the 
Librarian,  in  which  case  they  will  come  free  by  mail,  without  limit 


DIRECTIONS   FOR   SFX'URINO   COPYRIGHTS.  139 

of  weight,  accorJiiig  to  rulings  of  the  Postofficc  Departmeut. 
Witliout  tlio  depoHit  of  copies  above  required  the  copyright  is  void, 
Hud  a  penalty  of  $26  is  incurred.  No  copy  is  required  to  be  de- 
posited elsewhere. 

4. — No  copyright  is  valid  unless  notice  is  given  by  inserting  in 
every  copy  published,  on  the  title  page  or  the  page  following,  if  it 
be  a  book ;  or,  if  a  map,  chart,  musical  composition,  print,  cut,  en- 
graving, photograph,  painting,  drawing,  chromo,  statue,  statuary, 
or  model  or  design  intended  to  be  perfected  as  a  work  of  the  fine 
arts,  by  inscribing  upon  some  portion  thereof,  or  on  the  substance 
on  which  the  same  is  mounted,  the  following  words,  viz  :  "  Entered 

according  to  Act  of  Congress,  in  the  year ,  by , 

in  the  office  of  the  Librarian  of  Congress  at  Washington,^''  or,  at 
the  option  of  the  person  entering  the  copyright,  the  words:  "  Copy- 
right, 18—,  by ." 

The  law  imposes  a  penalty  of  $100  upon  any  person  who  has 
not  obtained  copyright  who  shall  insert  the  notice  "  Entered  accord- 
ing to  Act  of  Congress,''  or  "  Copyright,''^  etc.,  or  words  to  the 
same  import,  in  or  upon  any  book  or  other  article. 

5. — Any  author  may  reserve  the  right  to  translate  or  dramatize 
his  own  work.  In  this  case,  notice  should  be  given  by  printing  the 
words,  "  Might  of  translation  reserved,'"  or,  "  All  rights  reserved,^' 
below  the  notice  of  copyright  entry,  and  notifying  the  Librarian  of 
Congress  of  such  reservation,  to  be  entered  upon  record.  Since 
the  phi'aso  "  A II  rights  reserved  "  refers  exclusively  to  the  author's 
right  to  dramatize  or  to  translate,  it  has  no  bearing  upon  any  publi- 
cations except  original  works,  and  will  not  be  entered  upon  the 
record  in  other  cases. 

6. — The  original  term  of  copyright  runs  for  twenty-eight  years. 
Within  six  months  before  the  end  of  that  time,  the  author  or 
designer,  or  his  widow  or  children,  may  secure  a  renewal  for  the 
further  term  of  fourteen  years,  making  forty -two  years  in  all. 
Application  for  renewal  must  be  accompanied  by  explicit  statement 
of  ownership,  in  case  of  the  author,  or  of  relationship,  in  the  case  of 
his  heirs,  and  must  state  definitely  the  date  and  place  of  entry  of 
the  original  copyright.  Advertisement  of  renewal  is  to  be  made 
within  two  months  of  date  of  renewal  certificate,  in  some  news- 
paper, for  four  weeks. 


140  READY   REFERENCE  MANUAL. 

7. — Tho  time  wiihiu  which  any  work  euleiTd  for  copyright  may 
ho  iHHued  from  tho  preHH  in  not  Hinited  hy  any  law  or  ifgulatiou, 
hut  depends  upon  the  discretion  of  the  proprietor.  A  copyright 
may  bo  Hocured  for  a  i)rojected  work  as  well  as  for  a  completed  one. 
Jiut  the  law  provides  for  no  caveat,  or  notice  of  interference — only 
for  actual  entry  of  title. 

8. — A  copyright  is  assignable  in  law  by  any  instrument  of 
writing,  but  such  assignment  must  be  recorded  in  the  oflice  of  the 
Librarian  of  Congress  within  sixty  days  from  its  date.  The  fee  for 
this  record  and  certificate  is  one  dollar,  and  for  a  certified  copy  of 
any  record  of  assignment  one  dollar. 

9. — A  copy  of  tho  record  (for  duplicate  certificate)  of  any  copy- 
right entry  will  bo  furnished,  under  seal,  at  the  rate  of  fifty  cents 
each. 

10. — In  case  of  books  published  in  more  than  one  volume,  or 
of  periodicals  published  in  numbers,  or  of  engravings,  photographs, 
or  other  articles  published  with  variations,  a  copyright  is  to  be  en- 
tered for  each  volume  or  pai '  of  a  book,  or  number  of  u  periodical, 
or  variety,  as  to  style,  title,  or  insci-iption,  of  any  other  article.  To 
complete  the  copyright  on  such  a  work  two  copies  of  each  serial 
part,  as  well  as  of  the  complete  work  (if  published  separately)  must 
be  deposited. 

11. — To  secure  a  copyright  for  a  painting,  statue,  or  model,  or 
design  intended  to  be  perfected  as  a  work  of  tho  tine  arts,  so  as  to 
prevent  infringement  by  copying,  engraving,  or  vending  such  de- 
sign, a  tletinite  description  must  accompany  the  application  for 
copyright,  and  a  photograph  of  the  same,  at  least  as  large  as  "  cabi- 
net size,"  should  be  mailed  to  the  Librarian  of  Congress  within  ten 
days  from  the  completion  of  the  work  or  design. 

12. — Copyrights  cannot  be  granted  upon  trademarks,  nor  upon 
mere  names  of  companies  or  articles,  nor  upon  prints  or  labels  in- 
tended to  bo  used  with  any  article  of  manufacture.  If  protection 
for  such  names  or  labels  is  desired,  application  must  bo  made  to  the 
Patent  Office,  where  they  ai'e  registered  at  a  fee  of  $6  for  labels  and 
$25  for  trade  marks. 

13. — Citizens  or  residents  of  the  United  States  only  are  enti- 
tled to  copyright. 


COl'YllKHIT   UE(JULATI0N8.  141 

14. — Every  ttpplifiiut  for  a  copyright  hUouM  Htuto  iliBtiuctly  tli« 
full  iiiiiiio  iiiul  rcHulouce  of  tlio  I'liiiiuaiit,  iind  whether  the  right  is 
claituod  UH  luithor,  doniguer,  or  proi)rioior.  No  iifliduvit  or  formal 
applicutiou  in  required. 

COPYRIGHT    REGULATIONS   OF    THE    DOMINION 

OP  CANADA. 

Sec.  4.  Any  pernoii  domiciled  in  Cauada  or  in  any  part  of  thu 
British  posseHHioiiH,  or  any  citizen  of  any  other  country  which  haw 
an  international  copyright  treaty  with  the  United  Kingdom  (the 
United  StateH  has  no  Huch  treaty),  who  in  the  author  of  any  book, 
map,  chart,  or  musical  composition,  or  of  any  original  painting,draw- 
ing,  statue,  sculpture  or  photograph,  or  who  invents,  designs.etches, 
engraves,  or  causes  to  be  engraved,  etched  or  made  from  his  own 
design,  any  print  or  engraving,  and  the  legal  representatives  of  such 
person  or  citizen,  shall  have  sole  and  exclusive  right  and  liberty  of 
printing,  reprinting,  publishing,  reproducing  and  vending  such  lit- 
erary, Hcientilic  or  artistic  works  or  compositions,  in  whole  or  in 
part,  and  of  allowing  translations  to  be  printed  or  i-eprinted  and  Bold, 
of  such  literary  works,  from  one  language  into  other  languages,  for 
the  term  of  twenty  ei(j lit  years  from  the  time  of  recording  the  copy- 
right thereof  in  the  manner  hereinafter  directed. — 38  V.,  Chap.  88, 
B.  4. 

Sec.  5.  The  condition  for  obtaining  such  copyright  shall  be  that 
the  said  literary,  scientific  or  artistic  works  shall  be  printed  and  pub- 
lished, or  reprinted  and  republished,  in  Canada ;  or  in  case  of  works 
of  art,  that  they  shall  be  produced  or  reproduced  in  Canada,  whether 
they  are  so  published  or  produced  for  the  first  time,  or  contempo- 
raneously with,  or  subsequently  to  publication  or  production  else- 
where ;  but,  in  no  case  shall  the  said  sole  and  exclusive  right  liberty 
in  Canada  continue  to  exist  after  it  has  expired  elsewhere. 

2. — No  immoral,  licentious,  irreligious,  or  treasonable  or  sedi- 
tious literary,  scientific  or  artistic  work  shall  be  the  legitimate  sub- 
ject of  such  registration  or  copyright. — 38  Vic,  C.  88,  s.  4,  part. 

Sec.  6.  Every  work  of  which  the  copyright  has  been  granted 
and  is  subsisting  in  the  United  Kingdom,  and  copyright  of  which  is 
not  secured  or  subsisting  in  Canada,  under  any  act  of  the  Province 


142  READY    UKFEItKNOK   MANUAL. 

of  ('iiiiada,  or  of  t\w  LegiHliituro  of  any  of  the  provinc(>B  forniiiif^ 
part  of  Cntinila,  or  of  th»  LogiHlaturc  of  any  of  tlio  provinccH  forming 
part  of  what  iiiuy  bo  teriiiod  Old  Canadii,  (tbJH  refers  to  tbo  provin- 
ces of  Upper  and  Lower  Cuiuidn  prior  to  tbo  Confudoratioii  of  tbo 
ProviucoH.  which  aro  now  nnniod  Ontiirio  und  (^uolx'f),  Hliftll,  whon 
printed  and  piihUHbod,  or  rci)rintod  and  rcpiihliHliod,  in  (Janada,  bo 
entitled  to  copyright  under  thin  a(rt ;  but  nothing  in  tluH  act  hIuiII 
be  bold  to  prohibit  tbo  importation  from  the  United  Kingdom  of 
copies  of  any  Buch  work  lawfully  printed  there. 

2. — If  any  Hucb  copyright  work  is  reprinted  HubHecpuntly  to 
its  publication  in  tbo  United  Kingdom,  any  pcrrton  who  bas,  provi- 
ouHly  to  date  of  outry  of  such  work  upon  tbo  rogiutorH  of  copy- 
rigbtH,  imported  any  foreign  reprintw,  may  dibpoHo  of  Hucb  roprintH 
by  Halo  or  otlierwiHO ;  but  tbo  burden  of  proof  of  eHtal>liHhing  tbo 
extent  and  regularity  of  transactions  shall,  in  such  case,  bo  upon 
such  person.— 38  V.,  C.  88,  s.  15. 

Sec.  7.  Any  literary  work,  intended  to  bo  published  in  pamph- 
let or  book  form,  but  which  is  first  published  in  separate  articles 
in  a  newspaper  or  periodical,  may  be  registered  under  this  act  while 
it  is  BO  preliminarily  publiHhcd,  if  the  title  of  fbo  manuscript  and  a 
abort  analysis  of  the  work  are  deposited  at  the  Department,  and  if 
every  separate  article  so  published  is  preceded  by  the  words,  "Reg- 
istered in  accordance  with  the  Copyright  Act " ;  but  the  work,  when 
published  in  book  or  pamphlet  form,  shall  be  subject  also  to  the 
other  requirements  of  this  act. — 38  V.,  C.  88,  s.  10,  part. 

Sec.  8.  If  a  book  is  published  anonymously,  it  shall  be  suflici- 
eut  to  enter  it  in  the  name  of  the  first  publisher  thereof,  either  on 
behalf  of  the  un  named  author,  or  on  behalf  of  such  first  publisher, 
as  the  case  may  be. — 38  V.,  C.  88,  s.  25. 

Sec.  0.  No  person  shall  be  entitled  to  the  benefit  of  this  act 
unless  be  has  deposited  at  the  Department  two  copies  of  such  book, 
map,  chart,  musical  composition,  photograph,  print,  cut,  or  eiigrav- 
ing,  and  in  case  of  paintings,  drawings,  statuary,  and  sculpture,  un- 
less be  has  furnished  a  written  description  of  such  works  of  art ; 
and  the  minister  shall  cause  the  copyright  of  the  same  to  be  recorded 
forthwith  in  a  book  to  be  kept  for  that  purpose,  in  the  manner 
adopte  d  by  bim,  or  prescribed  by  rules  and  forms  made,  from  time 
o  time,  as  herein  provided. — 38  V.,  C.  88,  s.  7. 


COPYIIKUIT   RK(HILATI()NH.  MH 

Ht;v.  10.  Tho  iiiiiiiKUtr  hIijiII  ciiuhu  oho  of  Htirh  two  (■o])i«'H  of  hiu'Ii 
book,  limp,  cliiirt,  iiuiHinil  coinpoHition,  itltoto^'rupli,  print,  cut,  or 
oiigraviii^',  to  be  (U'poHited  in  thu  library  of  tlio  I'ui'liuuiout  uf  ('uii- 
adii— :i8  v.,  c.  88,  h.  8. 

Seo.  11.  It  hIkiII  not  he  recpiiHite  to  doHvor  any  printed  copy 
of  the  Hitcond,  or  of  any  HubH('(iuent  (Mlition  of  any  book,  unltttH  tho 
Hanie  contaiuH  very  important  alti  rations  or  udditionH. — ^8  V.,  c88, 
H.  2<J. 

Hk(!.  12.  No  person  Hhall  \w  ontitlod  to  tho  benefit  of  this  act 
iinleHH  lie  gives  information  of  the  copyright  being  secured  by  caus- 
ing to  bo  inserted  in  the  several  copies  of  every  edition  published 
luring  the  term  secured,  on  the  title  page,  or  on  the  page  immedi- 
ately following,  if  it  is  a  book — or  if  it  is  a  map,  chart,  musical  com 
position,  print,  cut,  eugravuig  or  photograph,  by  causing  to  bo  im- 
pressed on  tho  face  thereof, — or  if  it  is  a  volume  of  maps,  charts, 
music,  engravings  or  photographs,  upon  the  title  page  or  frontiu- 
pieco  thereof,  the  following  words,  that  is  to  say  :  '*  Entered  accord- 
ing to  Act  of  tlie  Parliament  of  Canada,  in  the  year  18 ,  by  A. 

B.,  at  the  Department  of  Agriculture";  but  an  regards  piiintings, 
drawings,  statuary  and  sculptures,  the  signatures  or  sigualure  of 
the  artist  shall  be  deemed  a  sufficient  notice  of  such  proprietorship. 
—38  v.,  c.  88,  8.  9. 

Sec  13.  The  author  of  any  literary,  scientific  or  artistic  work, 
or  his  legal  representatives,  may,  pending  the  publication  or  repub- 
lication therciof  in  Canada,  obtain  an  interim  copyright  thereof  by 
depositing  at  the  Department  a  copy  of  tho  title  or  a  designation  of 
such  work,  intended  for  publication  or  republication  in  Canada — 
which  title  or  designation  shall  be  registered  at  the  said  Depart- 
ment— to  secure  to  such  author  aforesaid,  or  his  legal  representa- 
tives, the  exclusive  rights  recognized  by  this  act,  previous  to  publi- 
cation or  republication  in  Canada;  but  such  interim  registration 
shall  not  endure  for  more  than  one  month  from  the  date  of  the  orig- 
inal publication  elsewhere,  within  which  period  tho  work  shall  be 
printed  or  reprinted  and  published  in  Canada. 

2. — In  every  case  of  interim  registration  under  this  act,  the  au- 
thor or  his  legal  representatives  shall  cause  notice  of  such  registra- 
tion to  bo  inserted  once  in  the  Canada  Gazette. — 38  V.,  c.  88,  10, 
part. 


14-4  llEAIJY   REFEUENCE  MANUAL. 

Sec.  14.  TLo  appliciitiou  for  the  registration  of  au  iuterim 
copyright,  of  a  temporary  copyriglit,  aud  of  a  copyright,  may  bu 
made  in  the  iiaiub  of  the  author  or  his  legal  re])re8eutatives,  by  auy 
person  purportiug  to  be  the  agent  of  such  author  or  legal  represen- 
tatives ;  aud  any  damage  caused  by  a  fraudulent  or  an  erroneous 
assumption  of  such  authority,  shall  h'i  recoverable  in  any  court  of 
competent  jurisdiction.— 38  V.,  c.  88,  s.  23,  part. 

Sec.  15.  The  right  of  au  author  of  a  literary,  scientific  or  ar- 
tistic work,  to  obtain  a  copyright,  aud  the  copyright  when  obtained, 
shall  bo  assignable  in  law,  either  in  whole  or  part,  by  an  instrument 
in  writing,  naade  in  duplicate  and  one  copy  liled  in  the  Department 
of  Agriculture. — Extract  from  38  Y.,  c.  88,  s.  18. 

Sec.  17.  This  clause  gives  the  right  of  renewal  at  end  of 
twenty-eight  years  for  the  term  oijonrteen  years  longer.  The  pro- 
ceedings of  original  copyrights  must  be  fultilled  within  one  year  after 
the  expiration  of  the  original  term,  or  the  right  becomes  forfeited. 
— Part  of  Sec.  5  of  same  act. 

Sec.  24.  This  clause  of  the  regulations  provides  as  follows : 
Newspapers  and  magazines  published  in  foreign  countries,  and 
which  contain,  together  with  foreign  original  matter,  portions  of 
British  copyright  works  republished  with  consent  of  the  author,  or 
his  legal  representatives  under  the  law  of  the  country  where  such 
copyright  exists,  may  be  imported  into  Canada. — 38  V.,  c.  88,  s.  20. 

I'EN.VLTIES    FOK    INFRINGEMENT. 

$1  or  not  less  than  10  cents  for  every  copy  found  of  a  book,  o  ■ 
other  publication  found  in  the  possession  or  known  to  have  been 
sold  or  possessed  by  the  person  or  persons  so  infringing.  The  samt 
for  any  painting,  drawing,  statue  or  other  work  of  art.  The  same 
as  to  prints,  maps,  engravingo  and  musical  compositions,  along  with 
a  forfeiture  of  all  so  found.  The  act  i)rovides  for  a  penalty  of  $300 
for  advertising  or  pretending  to  have  a  copyright.  The  penalty  for 
falsely  representing  that  the  interim  registration  has  been  made,  is 
$100.  A  moiety  of  the  line  goes  to  the  government  and  the  residue 
to  the  lawful  owner  of  the  copy-right.  The  act  provides  that  any 
action  under  the  act  must  be  brought  within  two  years  after  the 
cause  of  action  arises. 


AMENDMENT   OF   liEVISED   STATUTES.  145 

FORM    OF    Al'l'LICATION    TO    HE    MADE    BY    THE    AUTIIOK    OK    PKOPUIETOE    FOR 

COPyiUOUT    UNDER    THE   ACT. 

To  the  Minister  of  Ayrictilture, 

(Copyright  Branch)  Ottawa,  Cauacla. 
I  (name  of  person),  domic-ileJ  in  Cauacla  (state  the  phice  and 
province),  or  being  a  citizen  of  any  country  which  has  an  interna- 
tional copyright  treaty  with  the  United  Kingdom  (as  the  case  may 
be),  hereby  declare  that  I  am  the  proprietor  of  the  (book,  map, 
chart,  etc.,  as  the  case  may  be),  called  (title  or  name,  as  the  case 
may  be),  and  that  the  said  (book,  etc.),  has  not  been  published  in 
Canada  by  (name  of  the  publisher  thereof),  in  the  (name  of  locality 
where  the  publication  has  taken  place),  in  the  Province  of  (name 
the  pi-ovinco  where  published)  and  hereby  request  the  registration 
of  the  Siime,  aud  for  that  purpose  I  herewith  forward  the  fee  re- 
(luired  by  "  The  Copyright  Act,"  together  with  two  copies  of  the 
(book,  map,  chart,  etc.) 

In  testimony  whereof,  I  have  signed  in  the  presence  of  the  two 
undersigned  witnesses  at  the  place  and  date  hereunder  mentioned. 

Dated  at ,  in  the  Province  of 

,  this day  of ,  18 — . 

(Hig.  of  Author.) 
(Sigs.  of  witnesses  here.) 

Registration  fees,  !§1  for  complete  ;  50  cts.  for  interim. 

NoTK. — The  following  amendment  of  the  Canadian  Copyright 
Act  repeals  certain  clauses  of  the  foregoing. — Autiiok. 

AN     At'T     TO     A.MKND    "THE     COI'YHIGHT     ACT,"    ClIAl'TKU     SIXTY-TWO 
OF   THE    KEVISKI)    STATU'JKS    OF    1SS9. 

Her  ]\[ajesty,  by  and  with  the  advice  and  consent  of   (he  Sen- 
ate and  House  of  Commons  of  Canada,  enacts  as  follows: 

J  .     Sections  four  and  ilve  of  "  T/ie  Copi/rii/ht  Act""  are   here- 
by repealed  and  the  following  substituted  therefor: 

"4.  Any  person  domiciled  in  Canada  or  in  any  part  of  the 
British  i)ossessions,  or  any  citizen  of  any  country  which  has  an 
Iiiternati(tnal  coi)yright  treaty  with  the  United  Kingdom,  in  which 
Canada  is  included,  who  is   the  author  of  any  book,  map,  chart  or 


146  READY  REFERENCE  MANUAL. 

miisiciil  or  literary  composition,  or  of  any  original  painting,  draw- 
ing, statue,  sculpture  or  photograph,  or  who  invents,  designs, 
etches,  engraves  or  causes  to  be  engraved,  etched  or  made  from  his 
own  design,  any  print  or  engraving,  and  the  legal  representatives 
of  sucli  person  or  citizen,  shall  have  tlie  solo  and  exclusive  right 
and  liberty  of  printing,  reprinting,  publishing,  reproducing  and 
vending  such  literary,  scientific,  musical  or  artistic  works  or  com- 
positions, in  wliole  or  i»i  part,  and  of  allowing  translations  to  be 
printed  or  reprinted  and  sold  of  such  literary  works,  from  one  lan- 
guage into  other  languages,  for  the  term  of  twenty-eight  years 
from  the  time  of  recording  the  copyright  thereof  in  the  manner 
and  on  the  conditions,  and  subject  to  the  restrictions  hereinafter 
set  forth. 

"  5.  The  conditions  for  obtaining  such  copyright  shall  be  that 
the  said  literary,  scientific,  musical  or  artistic  work  shall,  before 
publication  or  production  elsewhere,  or  simultaneously  with  the 
first  jjublication  or  production  thereof  elsewhere,  be  registered  in 
the  office  of  the  Minister  of  Agriculture,  by  the  author  or  his  legal 
representatives,  and  further,  that  such  Avork  shall  be  printed  and 
published  or  produced  in  Canada,  or  reprinted  and  republished  or 
reproduced  in  Canada,  within  one  month  after  publication  or  pro- 
production  elsewhere;  but  in  no  case  shall  the  sole  and  exclusive 
right  and  privilege  in  Canada  continue  to  exist  after  it  has  expired 
in  the  country  of  origin: 

"  2.  No  immoral,  licentious,  irreligious,  or  treasonable  or 
seditious  literary,  scientific  or  artistic  work  shall  be  the  subject  of 
such  registration  or  copyright: 

"  3.  If  any  such  copyright  work  has  been  reprinted  previously 
to  the  coming  into  force  of  this  Act,  any  person  who  has,  pre- 
viously to  such  date,  imported  any  foreign  reprints,  may  dispose  of 
such  reprints  by  sale  or  otherwise;  but  the  burden  of  proof  of 
establisliing  tlic  extent  and  regularity  of  the  transaction  shall,  in 
such  case,  be  upon  such  person: 

"  4.  In  the  case  of  any  person  who  has  contracted,  previously 
to  the  coming  into  force  of  this  Act,  to  supply  any  reprint  of  any 
work,  either  in  its  complete  state  or  by  serial  mnubers,  of  which 
work  copyright  has  been  obtained  either  in  the  Unitetl  Kingdom  or 
any  such  country  i  ^  aforesaid,  but  not  in  Canada,  such  person  shall 


AMENDMENT  OF   llEVISED   STATUTES.  147 

be  entitled  to  coini)lete  such  contract,  and,  subject  to  the  provisions 
of  the  Acts  resp  acting  duties  of  Customs,  to  import  the  same;  but 
the  burden  of  proof  of  establishing  the  extent  and  regularity  of 
the  transaction  shall,  in  such  case,  be  upon  such  person," 

2.  Section  six  of  the  said  Act  is  hereby  repealed. 

3.  If  the  person  entitled  to  copyright  under  the  said  Act  as 
hereby  amended  fails  to  take  advantage  of  ita  provisions,  any  per- 
son or  persons  domiciled  in  Canada  may  obtain  from  the  Minister 
of  Agriculture  a  license  or  licenses  to  print  and  publish  or  to  pro- 
duce the  work  for  which  copyright,  but  for  such  neglect  or  failure, 
might  have  been  obtained;  but  no  such  license  shall  convey  exclu- 
sive rights  to  print  and  publish  or  produce  any  work: 

2.  A  license  shall  be  granted  to  any  applicant  agreeing  to  pay 
the  author  or  his  legal  representatives  a  royalty  of  ten  per  centum 
on  the  retail  price  of  each  copy  or  reproduction  issued  of  the  work 
which  is  the  subject  of  the  license,  and  giving  security  for  such 
payment  to  the  satisfaction  of  the  Minister. 

4.  The  royalty  provided  for  in  the  next  preceding  section 
shall  be  collected  by  the  officers  of  the  Department  of  Inland 
Revenue,  and  paid  over  to  the  persons  entitled  thereto,  under  regu- 
lations approved  by  the  Governor  in  Council,  but  the  Government 
shall  not  be  liable  to  account  for  any  such  royalty  not  actually 
collected. 

5.  Whenever  under  the  foregoing  provisions  of  this  Act  a 
license  has  been  issued  permitting  the  printing  and  publishing  or 
the  producing  of  any  work,  and  evidence  has  been  adduced  to  the 
satisfaction  of  the  Governor  in  Council  that  such  work  is  in  course 
of  being  printed  and  published  or  produced  in  such  manner  as  to 
meet  the  demand  therefor  in  Canada,  the  Governor  General  may, 
by  proclamation  published  in  the  Canada  Gazette,  prohibit  the 
importation,  while  the  author's  copyright  or  that  of  his  assigns  is 
in  force,  subject  to  the  provisions  hereinafter  contained,  of  any 
copies  or  reproductions  of  the  work  to  which  such  license  relates; 
but  if  at  any  time  thereafter  it  is  made  to  appear  to  the  Governor 
in  Council  that  such  work  is  not,  under  such  license,  printed  and 
l)ublislied  or  produced  in  such  manner  as  to  meet  such  demand,  the 
Goveriior  General  may,  by  proclamation  published  as  aforesaid, 
revoke  such  prohibition. 


148  HEADY  REFERENCE  MANUAL. 

6.  Notliiiig  in  this  Act  contaiiit'd  shall  bo  det'ined  to  proliibit 
tlie  importation  from  the  Uniti'fl  Kin<^dom  of  copies  of  works  of 
which  tlie  copyright  is  tliere  existing  and  whicli  are  lawfully 
printt'(l  and  ])ublished  there,  nor  shall  anything  in  this  Act  con- 
tained be  deemed  to  apply  to  any  work  for  which  copyright  has 
been  obtained  in  the  United  Kingdom  or  in  any  such  country  as 
aforesaid  l)efore  the  coming  into  force  of  this  Act;  but  the  law  in 
:.'orce  at  the  time  of  the  coming  into  force  hereof  shall  be  deemed 
to  be  still  in  force  as  respects  such  works. 

7.  The  foregoing  provisions  of  this  Act  shall  come  into  force 
on  a  day  to  be  named  by  proclamation  of  the  Governor  General. 

RULES  OF   PRACTICE    IN   THE   UNITED   STATES 

PATENT  OFFICE. 

1. — All  business  should  be  transacted  in  writing,  and  addressed 
to  the  "  Commissioner  of  Patents,  Washington,  D.  C."  Express 
charges,  freight,  postage,  and  all  other  charges  must  be  prepaid. 
Personal  attendance  is  unnecessary.  Double  correspondence  with 
inventor  and  an  attorney,  or  two  attorneys,  will  not  be  permitted. 
Inventor  can  correspond  himself,  or  if  ho  appoints  an  attorney,  he 
shall  notify  the  Commissioner  of  Patents  of  such  appointment,  when 
the  Department  will  then  only  recognize  the  correspondence  of 
such  attorney.  All  correspondence,  to  avoid  errors  and  insure 
prompt  answers,  should  give,  on  the  top  of  such  letters,  the  serial 
number ;  which  will  be  put  upon  the  application  at  the  Department 
when  lirst  received.  Inquiries  cannot  be  answered,  when  made  with 
a  view  of  ascertaining  whether  any  alleged  improvements  have  been 
patented  ;  nor  can  the  Department  act  as  expounders  of  patent  law, 
except  as  to  questions  arising  within  the  office.  The  merits  or 
demerits  of  an  invention,  thoinventoralonomust  be  thejudge  of ;  the 
Department  deals  by  rules  prescribed  by  law,  a  copy  of  which  will 
be  forwarded  to  him  (or,  as  the  case  may  be,  his  attorney)  and  the 
section  marked  that  bears  upon  his  inquiry,  and  this  the  Depart- 
ment deems  a  respectful  reply.  Until  patents  are  granted,  absolute 
secrecy  is  maintained,  unless  necessary  to  the  proper  conduct  of 
business  before  the  office.  The  authority  given  by  an  inventor  to 
an  attorney,  may  be  revoked  at  any  time  by  cancelling  the  power 
given  him  and  filed  with  the  Dejjartment,  when  all  fm'ther  corres- 


RULES   OF  PRACTICE  IN  THE  PATENT  OFFICE.  149 

pondence  will  be  carried  on  tlirough  the  inventor  or  such  other 
attorney  he  may  appoint.  Senat  ors  or  menibers  of  CongresH,  ai  e 
prohibited  from  examining  or  luterftrence,  in  a  like  manner  as  all 
othera  outside  of  authorized  attorney  or  inventor  LimBelf. 

2. — A  patent  may  be  obtained  by  any  person  who  has  invented 
or  discovered  any  new  and  useful  art,  machine,  manufacture,  or 
comiiosition  of  matter,  or  any  new  and  useful  improvement  thereof, 
not  known  or  used  by  others  in  this  country,  and  not  patented  or 
described  in  any  printed  publication  in  this  or  any  foreign  country, 
before  his  invention  or  discovery  thereof,  and  not  in  public  use  or 
on  sale  for  more  than  two  years  prior  to  his  application,  unless  the 
same  is  proved  to  have  been  abandoned  ;  and  by  any  person  who, 
by  his  own  industry,  genius,  etrorts  and  expense,  has  invented  and 
produced  any  new  and  original  design  for  a  manufacture,  bust, 
statue,  alto-relievo,  or  bas-relief ;  any  new  and  original  design  for 
the  printing  of  woolen,  silk,  cotton,  or  other  fabrics  ;  any  new  and 
original  impressio}i,  ornament,  pattern,  print  or  picture  to  be  printed, 
paiuted,  cast,  or  otherwise  placed  on  or  worked  into  any  article  of 
manufacture ;  or  any  new,  useful,  and  original  shape  or  configura- 
tion of  any  article  of  manufacture,  the  same  not  having  been  known 
nor  used  by  others  before  his  invention  or  production  thereof,  nor 
patented  nor  described  in  any  printed  publication,  upon  payment 
of  the  fees  required  by  law  and  other  due  proceedings.  In  case  of 
the  death  of  the  inventor,  the  patent  may  issue  to  the  executors  or 
administrators  of  inventor's  estate ;  the  inventor  can  assign  his 
rights  to  a  patent  not  issued,  but  the  application  and  oath  must  be 
made  by  the  actual  inventor,  if  alive,  even  if  patent  is  to  issue  to  an 
assignee ;  it  inventor  is  dead,  then  the  oath  must  be  made  by  his 
executors  or  administrators.  If  it  appears  that  inventor  believed 
himself  to  be  the  original  inventor,  or  discoverer,  a  patent  will  not 
be  refused  on  that  account,  if  not  patented  already  in  the  United 
States,  excepting  the  same  was  described  in  a  publication  soid  in 
this  country.  Joint  inventors  are  entitled  to  joint  patent ;  neither 
can  claim  one  separately.  Letters  patent  from  a  foreign  govern- 
ment to  tile  for  patent  in  the  United  States,  are  admissible  and  valid, 
unless  the  invention  shall  have  been  in  public  use  in  the  United 
States  two  yeai's  preceding  the  receipt  of  such  letters,  but  in  such 
case  the  time  will  be  limited  to  expire  concurrently  with  the  original 


150  READY  REFERENCE  MANUAL. 

patent  in  Hiicii  foreign  country,  providing  hucU  unexpired  period 
does  not  exceed  seventeen  years,  in  Huch  case,  then  only  for  seven- 
teen years  from  the  filing  of  such  letters. 

3. — A  complete  application,  comprises  the  petition,  specifica- 
tion, oath  and  drawings  and  the  model  or  specimen  when  required; 
and  the  dejiosit  of  $15.  All  explanations  and  writings  must  be  in 
the  English  language.  Applications  are  numbered  in  regular  order 
as  received  at  the  Department,  the  present  series  running  from 
January  Ist,  1880.  The  application  must  be  completed  within  two 
years  from  the  first  action  having  been  taken  thereon.  The  appli- 
cation, drawings,  model,  designs  or  specifications,  &c.,  should  come 
within  one  package  to  the  Department  at  first,  if  possible,  if  not 
in  such  a  manner  as  to  easily  connect  everything  clearly  and  cor- 
rectly. 

4. — The  specification,  means  the  description  of  the  invention, 
so  that  any  person  skilled  in  the  art  or  science  to  which  it  apper- 
tains could  make,  construct,  compound  and  use  the  same  ;  the  lan- 
guage used  should  be  simple,  brief  and  expressive.  The  following 
order  of  arrangement  should  be  observed  in  framing  the  specifica- 
tion: 

1. — Preamble  stating  the  name  and  residence  of  the  applicant, 
and  the  title  of  the  invention,  and  if  the  invention  has  been  pat- 
ented in  any  other  country,  the  country  or  countries  wheie  so  pat- 
ented or  patent  applied  for,  and  if  patented,  the  nuTuber,  date  and 
place  where  and  when  issued. 

2. — General  statement  of  the  object  and  nature  of  the  inven- 
tion. 

3. — Brief  description  of  the  several  views  of  the  drawings  (if 
the  invention  admits  such  illustration). 

4. — Detailed  description. 

5. — Claim  or  claims. 

6. — Signature  of  inventor. 

7. — Signatures  of  two  witnesses. 

8. — Independent  inventions,  cannot  be  made  under  one  appli- 
cation ;  each  must  be  a  distinct  application,  with  all  its  drawings, 
&c. 


RULES  OF   PRACTICE  IN   THE  PATENT  OFFICE.  151 

9. — TLo  hpecificalioii  aud  clrtims  and  all  aiuejuliiientB  inust 
be  plaiuly  written  or  printed  (preferred)  ou  one  wide  of  paper,  and 
interlineations  and  erasureo  avoided.  Legal  cap  paper  with  lines 
numbered  is  preferable. 

10. — The  applicant,  if  the  inventor,  must  make  his  oath  or 
aflirmation  that  lie  does  verily  believe  himself  to  be  the  original 
and  first  inventor  or  discoverer  of  the  art,  machine,  manufacture, 
composition,  or  improvement  for  which  he  solicits  a  ])atent,  and 
that  he  does  not  know  and  does  not  believe  that  the  same  was  ever 
before  known  or  used,  and  shall  state  of  what  country  he  is  a  cit- 
izen and  where  he  resides.  Also  if  the  applicant  has  patented  in 
any  other  country,  he  must  set  forth  the  full  particulars. 

11. — The  oath  or  affirmation  may  be  made  before  any  person 
within  the  United  States  authorized  by  law  to  adminstcr  oaths,  or 
in  a  foreign  country,  before  any  Ambassador,  minister,  charge 
d'affaires,  consul,  or  commercial  agent  holding  commission  under 
the  goveinment  of  the  United  States,  or  before  any  notary  public 
of  the  foreign  country.  All  persons  administering  such  oath, 
must  attest  the  same  with  the  seal  of  his  commission  and  oflBce. 
All  after  amendments  to  the  application,  must  in  a  likeuianner  be 
under  oath  as  aforesaid. 

5. — The  drawings  must  be  signed  by  inventor  or  by  his  attor- 
ney in  fact,  and  attested  by  two  witnesses,  and  must  show  every 
feature  of  the  invention  covered  by  the  claims,  and  when  the  inven- 
tion consists  of  an  improvement  on  a  machine,  it  must  exhibit,  in 
one  or  more  views,  the  invention  itself,  disconnected  from  old  struc- 
ture, and  also  in  another  view,  so  much  only  of  the  old  structure 
as  will  suffice  to  show  the  connection  of  the  invention  therewith. 

1. — Three  several  editions  of  patent-drawings  are  printed  and 
published,  one  for  the  office  use,  certified  copies,  &c.,  of  the  size  and 
character  of  those  attached  to  patents,  the  work  being  about  6x9^ 
inches ;  one  reduced  to  half  that  scale,  or  one  fourth  the  surface, 
of  which  four  will  be  printed  ou  a  page  to  illustrate  the  volumes 
distributed  to  the  courts ;  and  one  reduction—  to  about  the  same 
scale — of  a  selected  portion  of  each  drawing  to  illustrate  the  official 
Gazette. 

2. — Drawings  must  be  made  on  white  paper  of  the  thickness 


152  READY  REFERENCE   MANUAL. 

of  three-sheet  Bristol  board.     ludia  iuk  aloue  luuflt  be  uBed,  so  as 
to  luuke  deep  solid  black  liuen. 

3. — The  size  of  sheet  upon  which  drawing  is  made  must  be  ex- 
actly 10  by  5  iuches.     One  inch  from  its  edges  for  marginal  line. 

4. — Letters  and  fif/ures  of  reference  must  be  carefully  formed. 
The  letters  sliould  (or  ligures)  measure  one-eighth  of  an  inch. 

5. — Drawings  should  bo  rolled  for  transmiKsion  to  the  ofllce, 
not  folded.  No  agents  or  attorney's  stamp  or  advertisement,  writ- 
ten or  printed  on  any  papers  connected  with  the  application  will  be 
permitted. 

6. — The  Department  will  furnish  the  drawings  at  cost,  as 
promptly  as  its  draftsmen  can  make  them,  for  apiilicauts  wlio  de- 
sire to  so  procure  them. 

6. — When  models  are  required,  the  examination  will  not  pro- 
ceed until  furnished.  A  model  must  clearly  exhibit  every  feature 
which  forms  the  subjeet  of  a  claim  of  invention,  and  should  not  in- 
clude other  matter  than  that  covered  by  the  actual  invention,  unless 
necessary  to  the  exhibition  of  the  invention  in  a  working  model. 
The  model  should  be  neatly  made  of  durable  material,  metal  is 
deemed  preferable  ;  but  when  material  forms  an  essential  feature 
of  the  invention,  it  must  be  constructed  of  that  requisite.  The 
model  must  not  be  more  than  one  foot  in  length,  width  or 
height,  except  by  special  permission  from  the  Commissioner  in 
cases  of  very  complicated  inventions.  The  name  of  the  inventor 
should  be  permanently  fixed  upon  the  model.  Working  models  are 
always  preferred.  Models  belonging  to  patented  cases  will  not  be 
taken  from  the  office  except  in  the  custody  of  a  sworn  employee  of 
the  department. 

1. — When  invention  is  composed  of  specimens,  ingredients 
sufficient  for  experimental  purposes,  should  accompany  the  appli- 
cation. 

Note. — In  the  foregoing  instructions  we  have  only  sought  to 
give  such  information  as  will  intelligently  aid  an  intending  appli- 
cant to  what  he  requires  to  do  and  how  to  do  it.  The  Patent  Office 
regulations  and  laws,  are  a  very  large  volume  in  itself,  as  can  easily 
be  imagined,  dealing  as  they  have  to  do  with  possibly  a  million  of 
different  iuyentions.     What  is  contained  in  this  guide,  is  a  con- 


PATENTS   OF  INVENTIONS.  158 

(leuBed  abstract  of  general  information  upon  the  ordinary  rules,  iu 
as  comprehensive  and  prac^tical  a  manner  as  possible  ;  or  in  other 
words  the  knowledge  of  the  proceeding  that  any  person  would  seek 
and  require  having  in  contemplation  to  use  it,  picked  out  and 
printed  in  a  nutshell.  Where  difficult  inquiries  arise,  or  compli- 
cated points  in  the  patent  laws,  and  the  laws  of  appeals  from  the 
Commissioner's  decisions,  in  case  of  rejection  or  otherwise,  the 
only  safe  and  proper  plan,  is  to  entrust  the  same  to  a  competent 
patent  lawyer,  who  will,  if  ai)plied  to  in  the  right  time,  preserve  the 
rights  of  many  inventors,  before  they  are  deprived  of  the  just  re- 
wards of  their  genius ;  it  is  like  sending  for  a  physician  when  the 
fever  has  exhausted  the  vitality  of  the  victim,  as  waiting  too  long 
for  righting  wrongs  about  patents.  Start  right,  work  right,  and  do 
your  part  with  all  your  determination  of  success,  if  you  do  it  at  all. 
(Author). 

PATENTS  OF  INVENTION. 

ROLES,  REGULATIONS  AND  FORMS  OF  THE  CANADIAN  PATENT  OFFICE. 

1. — A  personal  appearance  of  the  applicant  or  his  representa- 
tive at  the  Patent  office  is  not  required,  unless  specially  called  for 
by  the  commissioner  or  deputy  commissioner. 

2. — In  all  cases  the  applicant  or  depositor  of  any  paper  is  re- 
sponsible for  the  merits  of  his  allegations  and  the  validity  of  the 
instruments  furnished  by  him  or  his  agent. 

3. — Correspondence  may  be  carried  on  either  with  the  appli- 
cant or  his  agent,  but  only  Avith  one  person,  and  will  be  conveyed 
through  the  Canadian  mails  free  of  charge. 

4. — All  documents  must  be  legibly  and  neatly  written  or 
printed  on  foolscap  paper  (13  inches  long  and  8  wide)  with  an  inner 
margin  of  one  inch  and  a  half  wide. 

5. — All  communications  are  to  be  addessed — "  The  Commis- 
sioner OF  Patents,  Ottawa,  Canada."  Papers  forwarded  to  the  office 
should  be  accompanied  by  a  letter,  and  a  separate  letter  should  be 
written  on  every  subject. 

6. — As  regards  proceedings  not  specially  provided  for  in  the 
accompanying  forms,  any  other  form  being  conformable  to  the  let- 

10 


154  UKADY    IlEFERKNCE   MANUAL. 

ter  and  Hj)irit  of  tho  law  may  bo  accepted,  and  if  not  conformable 
therewith  will  be  returned  for  correction. 

7. — Models  must  bo  neat  and  substantial  working  ones,  not  ex- 
ceedinpf  12  inches  on  the  longest  side,  unless  otherwise  allowed  by 
special  permission  ;  models  must  be  so  constructed  as  to  show  exact- 
ly every  part  of  the  invention  claimed  and  its  mode  of  working.  In 
cases  whei'o  samples  of  ingredients  are  required  by  law,  they  must 
be  contained  in  glass  bottles  properly  arranged,  but  dangerous  or 
explosive  substances  must  not  be  sent.  Both  models  and  bottles 
must  boar  the  name  of  the  inventor,  the  title  of  the  invention,  and 
the  date  of  the  application  ;  they  must  bo  furnished  to  tho  Patent 
Office  free  of  charges  and  in  good  order. 

8. — All  feea  recjuired  by  law  should  be  transmitted  with  the 
application  for  any  action  by  the  office,  in  current  bankable  funds, 
inclosed  in  registered  letters.  Bank  drafts,  money  orders,  and 
checks,  which  must  be  certified,  should  be  made  payable  to  "  Com- 
missioner of  Patents,  Ottawa."  (In  no  case  should  money  be  in- 
closed with  models). 

9. — An  application  for  patent  must  be  proceeded  with  and  per- 
fected within  two  years  after  the  lodging  of  the  petition,  in  default 
of  which  it  will  be  regarded  as  abandoned,  as  well  as  all  proceed- 
ings had  in  relation  thereto,  and  any  fees  paid  will  bo  held  at  the 
expiration  of  that  period  to  be  forfeited. 

10. — Two  or  more  separate  inventions  can  not  be  claimed  in 
one  application,  nor  included  in  one  patent.  But  if  separate  matters 
are  represented  to  be  dependant  on,  and  connected  with  each  other 
as  to  be  necessarily  taken  together,  to  obtain  the  end  sought  for  by 
the  inventor,  the  Commissioner  of  Patents  shall  be  the  judge 
whether  or  not  the  pretensions  of  the  applicant  in  such  respect  can 
be  entertained. 

11. — The  filing  of  a  protest  against  the  issuing  of  a  patent  shall 
not  bo  taken  in  itself  as  sufficient  reason  to  withold  the  granting  of 
such  patent  to  an  applicant. 

12. — A  caveat  can  only  be  filed  by  an  inventor,  and  shall  be 
composed  of  a  specification  (and  drawings),  certified  on  oath  ;  and 
the  applicant  may,  while  it  is  pending,  lodge  additional  papers,  pro- 
vided they  relate  exclusively  to  the  same  invention.     The  person  fil- 


PATENTH  OP   INVENTIONS.  155 

inpr  a  caveat  will  not  bo  ontitlocl  to  notice  of  any  application  pencliog 
at  the  time  of  tiling  his  cav&at.  A  caveat  muBt  bo  limited  to  a  sin- 
gle invention. 

The  specification  of  a  caneat  should  be  sufficiently  precise  to 
enable  the  office  to  judge  whether  there  is  a  probable  interference 
when  a  subse([uout  application  is  filed. 

13. — Drawings  in  duplicate  to  be  attached  to  the  duplicate 
specification  nuist  be  made  in  India  or  carbon  ink,  on  sheets  of 
tracing  linen  (eight  by  thirteen  inches),  neatly  executed  and  witliout 
colors. 

All  drawings  must  bo  clear,  sharp,  well-defined,  and  not  too 
fine. 

Lines  that  are  pale,  ashy,  very  fine,  ragged  or  rotten,  give  bad 
results  when  photo-lithographed. 

Brush-shading,  tinting,  and  imitation  surface  graining,  should 
never  be  used ;  and  in  fine  shading  the  result  should  bo  attained 
with  as  few  lines  as  possible. 

Section  lines  also  should  be  as  open  in  their  spacing  as  the  case 
will  admit  of,  and  these,  as  well  as  all  right  lines,  in  order  to  insure 
clearness,  should  bo  made  cone,  ve  surfaces  with  a  ruling  pen.  The 
shading  of  convex  and  concave  surfaces  may  be  dispensed  with 
when  the  invention  is  otherwise  well  illustrated. 

Shade  lines  may  sometimes  be  used  with  good  effect,  but  heavy 
shadows  where  they  would  obscure  lines  or  letters  of  references, 
should  be  avoided. 

With  each  application  an  extra  drawing  must  be  supplied  for 
the  Patent  Office  Record,  on  a  sheet  of  Bristol  board  8  by  13  inches; 
without  writing  on  its  face,  merely  the  usual  lettering  ;  no  title,  cer- 
tificate nor  signatures ;  on  the  back  of  the  sheet  the  name  of  the 
inventor  and  the  title  of  the  invention  must  bo  written  in  pencil. 

Where  several  figures  are  furnished,  any  one  figure  which  will 
best  give  a  general  idea  of  the  invention  will  be  sufficient. 

The  curd  board  to  be  used  must  have  smooth  or  calender  sur- 
face ;  a  sheet  of  "  double  thick  Bristol  board "  or  "  Whatman's 
drawing  paper  "  is  recommended. 

The  card  board  drawing  should  be  rolled  on  a  roller  for  trans- 
mission to  the  office,  as  folding  will  prevent  its  usefulness  for  photo- 
lithographing. 


lo(J  READY   RKFKUKNCK   MANUAL. 

A  HuiiipUt  fiinl  buiird  drnwing  will  bo  fiiiiiiHiicd  on  applioa 
tion. 

14. — In  tli(>  iiiuttor  of  re-JMHUi',  mider  t\w  aot,  wliiitcver  iHiTjilly 
t'liibrnccd  in  the  uriginid  npplicatiuu  and  ho  deHcribed  or  hLgwq  in 
the  HiiuiR,  that  it  might  have  btten  ouibraccd  in  tlio  original  patent, 
may  b«  ground  for  re-iHsue.  No  now  matter  can  be  introduct'd  into 
the  HpecificatioiiH,  nor  Hhall  the  niodolH  or  drawingH  bo  amelidfd  ex- 
cept by  the  other.  In  the  abHonco  of  model  or  drawing,  the  re-isHue 
may  contain  airicndninntH  which  wero  part  of  the  invention.  JSep- 
arati'  patents  may  Ihsuo  for  each  distinct  part  of  the  invention,  com- 
prehended in  the  original  patont. 

15. — Information  in  relation  to  pending  caHos  will  be  fur- 
niHhed  only  ho  far  as  it  becomes  necessary  in  conducting  the  busi- 
nesB  of  the  office. 

16. — Tho  office  can  not  respond  to  inquiries  as  to  tho  prol)abil- 
ity  of  an  alleged  invention  being  patented  in  advance  of  an  ajiplica- 
tion  for  patent ;  nor  can  incjuiries  founded  on  brief  or  imperfect 
descriptioDH,  propounded  with  a  '  iew  of  ascertaining  whether  al- 
leged improvomentH  have  been  patt*?*;^  1,  nor  unless  the  name  of  tho 
patentee  and,  as  nearly  as  possible  the  date  of  the  patent,  be  given  ; 
nor  can  it  act  as  an  expounder  of  the  Patent  Law,  nor  as  counselor 
for  individuals,  except  as  to  questions  within  the  office. 

In  order  to  avoid  unnecessary  explanations  and  useless  loss  of 
time  ind  labor,  it  is  particularly  recommended  that  reference  be 
made  to  the  law  before  writing  on  any  subject  to  the  patent  office. 

A  copy  of  the  rules  with  a  particular  section  marked,  sent  to 
any  person  making  inquiry,  will  be  deemed  a  sufficient  answer  by 
the  office. 

17, — It  is  desirable,  in  the  interest  both  of  the  applicant  and 
of  the  public  service,  that  the  papers  and  drawing  should  be  pre- 
pared by  competent  persons,  as  despatch  and  regularity  in  the  pro- 
ceedings will  thereby  bo  promoted. 

18. — AH  business  with  the  office  must  bo  transmitted  in  writ- 
mg.  The  action  of  the  office  will  be  based  exclusively  on  the  writ- 
ten record.  No  attention  will  bo  paid  to  any  alleged  verbal  prom- 
ise or  understanding  in  i elation  to  which  there  is  any  disagreement 
or  doubt. 


PATENTM  OF   INVKNTIONH.  157 

19.  slunij/HhifiHtK  of  /ntfe/its  iii«'  tn  bv.  uo-tMiiptMiiiul  by  ii  copy 
tlu'ioof ;  the  origiiinl  will  be  kept  in  th<'  I'utcnt  Otlic*'  uiid  the  copy 
will  be  returuod  to  the  peruuu  boiidiiig  it,  with  a  curtitlcato  of  reg- 
iHtrutiou  thereon. 

20.--A11  caHOB  (:onu(>ctod  with  the  iiitiieato  and  luultifariouH 
proceedingH  ariHing  from  the  working  of  tho  ratcnt  OHico,  which 
are  not  Hp^ciaily  defined  and  jn-ovided  for  in  theue  ruleH,  will  be 
decided  in  accordance  with  the  uieritu  of  each  caue  under  the  au- 
thority of  the  ComuiiHsiouer;  and  such  deciHion  will  bo  conununi- 
cated  to  the  interested  parties  in  writing. 

Note. — There  in  no  appeal  from  the  deciHion  of  the  Conuuiu- 
Hioner  of  PateutB.  An  iuveHtigation  can  be  proHccuted  by  applica- 
tion to  the  Minister  of  JuHtice,  and  teHtimony  taken  ujjon  the  com- 
plaint, and  if  it  iH  suflicient  to  warrant  a  re  examination  by  theCom- 
miHsioner  of  Patoutw,  it  will  be  referred  back  to  him  with  whatever 
rocommeudatiouH  the  judicial  committee  Hud  warrantable. 

APPENDIX   OF   FORMS. 

I'etitlons.     Vorm  I.     Ihj  sole  inventor. 

To  the  Commissioner  of  Pateuts,  Ottawa,  Canada. 
The  petition  of  John  Smith,  of  the  towu  of  Meaford,  in  the 
county  of  Grey,  and  Province  of  Ontario,  carpenter,  show  eth : 
That  he  hath  invented  new  and  useful  improvements  in  machines 
for  breaking  stones,  not  known  or.  used  by  others  before  bis  iuveu- 
tion  thereof,  and  not  being  in  public  use  or  on  sale  with  his  consent 
or  allowance  as  such  inventor,  for  more  than  one  year  previous  to 
his  application  for  a  jiatent  thereof  in  Canada. 

Your  petitioner  therefore  prays  that  a  patent  may  be  granted 
to  him  for  the  said  invention,  as  set  forth  in  the  specification  in 
duplicate  relating  thereto,  and,  for  the  purposes  of  the  Patent  Act, 
your  petitioner  elects  his  domicile  in  the  town  of  Picton,  in  the 
county  of  Prince  Edward,  in  the  Province  of  Ontario. 

John  Smith,  Applicant. 
Meaford,  Ist  January,  1889. 


158  KEADY   REFERENCE   MANUAL. 

LAWS     AND     KEQULATI0N8     RESPECTING    TRADE    MARKS     OF     UNITED    STATES. 

Be  it  Enacted,  &C., — That  owners  of  trademarks  used  in 
commerce  with  foreign  nations  or  with  Indian  tribes,  provided  such 
owners  shall  be  domiciled  in  the  United  States  or  located  in  any 
foreign  country  or  tribes,  which,  by  treaty,  convention  or  law, 
affords  similar  privileges  to  citizens  of  the  United  States,  may  obtain 
registration  of  such  trade-marks  by  complying  with  the  following 
requirements: 

First. — By  causing  to  be  recorded  in  the  Patent  Office  a  state- 
ment specifying  name,  domicile,  location,  and  citizenship  of  the 
party  applying  ;  the  class  of  merchandise,  and  the  particular  descrip- 
tion of  goods  comprised  in  such  class  to  which  the  particular  trade- 
mark has  been  appropriated ;  a  description  of  the  trade-mark 
itself,  with  fac- similes  thereof,  and  a  statement  of  the  mode  in  which 
the  same  is  applied  and  affixed  to  goods,  and  the  length  of  time  in 
which  the  trade-mark  has  been  used. 

Second. — The  fee  is  $25,  and  such  regulations  as  may  be 
prescribed  by  the  Commissioner  of  Patents. 

Seo.  2. — The  application  for  registration  of  trade-mark,  as 
aforesaid,  must  be  accompanied  by  a  written  declaration,  setting 
forth :  that  such  party  has  at  the  time  a  right  to  the  use  of  the 
trade-mark  sought  to  be  registered,  that  no  other  person,  firm  or 
corporation  has  the  right  to  such  use,  either  in  the  identical  form 
or  any  other  resemblance  thereto  as  might  be  calculated  to  deceive; 
that  such  trade  mark  is  used  in  commerce  with  foreign  nations  or 
Indian  tribes,  as  above  indicated ;  and  that  the  descriptions  and 
fac-similes  presented  for  registry  truly  represent  the  trade-mark 
sought  to  be  registered. 

Sko.  3. — Provides  for  the  registration  by  the  Commissioner  of 
Patents,  and  his  powers  to  decide  on  claims  between  an  applicant 
as  previous  registrant,  or  between  two  applicants,  he  shall  follow, 
so  far  as  the  same  may  be  applicable,  the  practice  of  courts  of  equity 
of  the  United  States. 

Sec.  4. — Certificate  of  registry  of  trade-marks  shall  be  issued 
in  the  name  of  the  United  States  of  America,  under  the  seal  of  the 
Department  of  Interior,  and  shall  be  signed  by  the  Commissioner 
of  Patents. 


RtTLES   AND   FORMS   FOR  TRADE-MARKS.  159 

Sec.  5. — Provides  that  a  certificate  of  registry  shall  reiuaiu  in 
force  thirty  years,  and  that  at  any  time  during  the  six  months  prior 
to  its  expiration,  may  be  renewed  for  a  like  period. 

Sec.  6. — Stipulates  a  liability  and  right  of  the  injured  person,  for 
the  fraudulent  use  of  a  duly  registered  trademark. 

Section  2496  of  the  R.  S.  of  the  U.  S.  A.  respecting  foreign 
counterfeits  of  watch  trade-marks,  as  follows : — No  watches,  watch- 
cases,  watch- movements,  or  parts  of  watch-movements,  or  any  other 
articles  of  foreign  manufacture,  which  shall  copy  or  simulate  the 
name  or  trade-mark  of  any  domestic  manufacture,  (manufacturer) 
shall  be  admitted  to  entry  at  the  custom-house  of  the  United  States, 
unless  such  domestic  manufacturer  is  the  importer  of  the  same. 
And  in  order  to  aid  the  officers  of  the  customs  in  enforcing  this  pro- 
hibition, any  domestic  manufacturer  who  has  adopted  trade-marks 
may  require  his  name  and  residence  and  a  description  of  his  trade- 
marks to  be  recorded  in  books  which  shall  be  kept  for  that  purpose 
in  the  department  of  the  Treasury,  under  such  regulations  as  the 
Secretary  of  the  Treasury  shall  prescribe,  and  may  furnish  to  the 
Department  fac  similes  of  such  trade-marks ;  and  thereupon  the 
Secretary  of  the  Treasury  shall  cause  one  or  more  copies  of  the 
same  to  be  transmitted  to  each  collector  or  other  proper  officer  of 
the  customs. 

rules   and   foums    respecting   the   application   for  trade-marks  in 

the    dominion   of    CANADA, 

General  Rules. 

I.  There  is  no  necessity  for  any  personal  appearance  at  the 
Department  of  Agriculture,  unless  sijecially  called  for  by  order  of 
the  Minister  or  the  Deputy,  every  transaction  being  carried  on 
by  writing. 

II.  In  every  case  the  applicant  or  depositor  of  any  paper  is 
responsible  for  the  merits  of  his  allegations  and  of  the  validity  of 
the  instruments  furnished  by  him  or  his  agent. 

III.  The  correspondence  is  carried  on  with  the  applicant  or 
with  his  agent  who  has  remitted  or  transmitted  the  papers  to  the 
office,  but  with  one  person  only. 

IV.  All  papers  are  to  be  clearly  and  neatly  written  on  foolscap 


100  READY  REFERENCE   MANUAL. 

paper,  and  every  word  of  them  is  to  be  distinctly  legible,  in  order 
that  no  difficulty  should  be  met  with  in  the  taking  cognizance  of, 
and  in  the  registration  and  copying  of  the  same. 

V.  All  communications  to  be  addressed  in  the  following  words : 
— To  THE  MiNisTEK  oi'  Agkicdltukk  (Tkade  Mark  Depaktment), 
Ottawa,  Canada. 

VI.  As  regards  proceedings  not  specially  provided  for  in  the 
following  forms,  any  form  being  comformable  to  the  letter  and  spirit 
of  the  law  will  be  accepted,  and  if  not  so  conformable  will  be  re- 
turned for  amendment  or  correction. 

VII.  A  copy  of  the  Act  and  the  Rules  with  a  particular  section 
marked,  sent  to  any  person,  is  intended  for  an  ausw  r. 

VIII.  An  application  for  the  registration  of  a  General  Trade 
Mark  shall  be  made  in  duplicate  after  the  following  manner : 

To  the  Minister  of  Ayricnlturc,  {7'rade  Mark  and  Copyright  De- 
2^artnient,)   Ottttwa,   Canada. 

I,  (name  of  person)  of  the  (city,  town,  or  other  locality,  as  the 
case  may  be),  in  (name  of  county,  province  or  state,  as  the  case  may 
be),  hereby  furnish  a  duplicate  copy  of  a  general  trade  mark,  in 
compliance  with  sections  4  and  9  of  "  The  Trade  Mark  Act,"  (sec- 
tion 4,  reads  :  "  A  trade  mark  may  be  general  or  specific,  accord- 
ing to  the  use  to  which  it  is  applied  or  intended  to  be  ajiplied  by 
the  pro^n-ietor  thereof."  Section  9,  reads:  "Every  proprietor  of 
a  trade  mark  who  applies  for  its  registration  shall  state  in  his  ap 
plication  whether  the  said  trade  mark  is  intended  to  be  used  as  a 
general  trade  mark  or  as  a  specific  trade  mark.' )  which  I  verily  be- 
lieve is  mine,  on  account  of  having  been  the  first  to  make  use  of  the 
same,  (or  on  account  of  having  acquired  it  from,  naming  the  per- 
son, to  whom  I  verily  believe  to  be  the  original  proprietor  thereof.) 

The  said  general  trade  mark  consists  (here  must  be  inserted  a 
description  of  the  trade  mark,  recital  of  the  motto  or  mottoes,  &c., 
«&c.,  in  order  to  explain  the  pattern  furnished),  and  I  hereby  re- 
quest the  said  general  trade  mark  to  be  registered  in  accordance 
with  law. 

I  forward  herewith,  the  fee  of  $30,  in  accordance  with  section 
10.  (Section  10  provides  a  fee  for  general  trade  mark  to  be  charged 
of  $30 ;  a  specific  *^rade  mark,  $25  ;  renewal  of  specific  trade  mark 


RULES  AND  FORMS  FOIl  TRADE- MARKS.  101 

$20  ;  for  copy  of  certificate,  $1 ;  for  recording  an  assignment,  $2  ; 
for  copies  of  documents  asked  from  Department  respecting  any 
trade  mark,  50  cents  a  100  words),  of  the  said  act. 

In  testemouy  thereof,  I  have  signed  in  the  presence  of  the  two 
undersigned  witnesses,  at  the  place  and  date  hereunder  mentioned. 
(Place  and  date). 

(Signature  of  the  proprietor). 

Signature  of  the  two  witnesses. 

IX.  An  apijlication  for  the  registration  of  a  specific  trade 
mark  shall  be  made  in  duplicate  after  the  following  form  : 

To    the   Minister  of    Agriculture^     {'Trade   Mark    Departtncnt), 
Ottawa,   Canada. 

I,  (name  of  person),  of  the  (city,  town,  or  other  locality,  as  the 
case  may  be),  in  (name  of  county,  province  or  state,  as  the  case  may 
be),  liereby  furnish  a  duplicate  copy  of  a  specific  case  trade  mark, 
to  be  applied  to  the  sale  of  (description  of  the  class  of  merchandise), 
in  accordance  with  sections  4,  and  9,  of  "  The  Trade  Mark  and  De- 
sign Act,"  (referred  to  in  section  VIII),  which  I  verily  believe  is 
mine,  on  account  of  having  been  the  first  to  make  use  of  the  same, 
(or  on  account  of  having  acquired  it  from,  naming  the  person,  whom 
I  verily  believe  to  be  the  original  proprietor  thereof). 

The  said  specific  trade  mark  consists  (here  must  be  inserted  a 
description  of  the  trade  mark,  recited  in  order,  and  the  motto  or 
mottoes,  in  order  to  explain  the  pattern  furnished),  and  I  hereby 
request  the  said  specific  trade  mark  to  be  registered  in  accordance 
with  the  law. 

I  forward  herewith  the  fee  of  $25  in  accordance  with  section 
10,  of  said  act. 

In  testimony  thereof,  I  have  signed,  in  the  presence  of  the  two 
undersigned  witnesses,  at  the  place  and  date  hereunder  mentioned. 

(Place  and  date). 

(Signature  of  the  proprietor). 

Signature  of  the  two  witnesses. 


1()2  READY   REFERENCE   MANUAL. 

X.  An  applicatiou  for  the  registration  of  an  Industrial  Design 
shall  be  made  in  duplicate,  after  the  following  form : 

7'o   the   Minister  of    Agricnlture,    ( Trade    Mark  and    De%ign 
Branch),  Ottaioa,  Canada. 

I,  (name  of  the  person),  being  a  resident  of  Canada,  and  now 
residing  in  the  (city,  town  or  other  locality,  as  the  case  may  be),  in 
the  (name  of  the  Province,  as  the  case  may  be),  hereby  declare  that 
I  am  the  proprietor  of  the  Industrial  Design,  of  which  duplicate 
copies  are  herewith  forwarded,  and  which  consists  (here  insert  a 
description  of  the  design,  and  an  explanation  of  its  use),  and  I 
hereby  rec[uest  that  the  said  Industrial  Design  be  registered  in  ac- 
cordance with  the  law. 

I  forward  herewith  the  fee  of  $5,  in  accordance  with  section 
26,  of  the  "  Trad*'  Alark  and  Design  Act."  (Section  26  specifies  a 
fee  of  $5  for  such  designs ;  for  extension  of  time,  $2  ;  fee  for  certi- 
ficate, $1  ;  fee  for  recording  assignment,  $2 ;  and  50  cents  ^  100 
words  for  reports  of  designs). 

In  testimony  thereof,  I  have  signed,  in  presence  of  the  two 
undersigned  witnesses,  at  the  place  and  date  hereunder  mentioned. 
(Place  and  date). 

(Signature  of  the  Proprietor. 

Signature  of  the  two  witnesses. 

XI.  An  application  for  the  registration  of  a  timber  mark  or 
marks  shall  be  made  in  duplicate  after  thf  following  form : 

To  the  Minister  of  Agriculture,   {Trade  Mark  and   Copyright 
Branch),   Ottawa,  Canada. 

I,  (name  of  persons  or  firm),  of  (residence),  engaged  in  the  busi- 
ness of  lumbering,  (or  getting  out  timber  and  floating  or  rafting 
the  same),  within  the  Provinces  of  Quebec  and  Ontario,  hereby  re- 
quest the  registration  of  the  accompanying  timber  mark  (or  marks), 
which  I  (name  of  person  or  firm),  declare  was  not  in  use,  to  my 
knowledge,  by  any  other  persor  than  myself  at  the  time  of  my  adop- 
tion thereof,  and  cf  which  the  following  are  a  description  and 
drawing  (or  impressions),  in  duplicate. 


RULES  AND   FORMS  FOR  TRADE   MARKS.  103 

1  herewith  forward  the  fee  of  $2,  required  by  "£n  act  respect- 
ing the  marking  of  timber." 

In  testimony  thereof,  I  have  signed  the  appllcition  in  the  pres- 
ence of  the  two  undersigned  witnesses  at  the  pla^e  and  date  here- 
under mentioned. 
(Place  and  date). 

(Signature  of  '^he  Proprietor). 

Signature  of  the  two  witnesses. 


PART  IV.— CHAP.  III. 

GENEKAL    I'ROVIBIONS   OF    PAKTNEKSIUP    LAWS. 

Paitueisbips  way  consist  of  one  or  more  persons  who  shall  be 
called  general  partners,  and  who  sliiiU  jointly  and  severally  be  respon- 
sible, as  general  partners  now  are  by  law,  and  of  one  or  more  per- 
sons who  shall  contribute  to  the  common  stock  a  specific  sum  in 
actual  cash  payment,  as  capital,  and  who  shall  be  called  special 
partners,  and  shall  not  be  personally  liable  for  any  debts  of  the 
partnership,  except  in  such  cases  as  is  hereinafter  mentioned.  The 
persons  forming  such  partnerships  shall  make  and  severally  sign  a 
certificate,  which  shall  contain  the  names,  both  Christian  and  sur- 
uime,  and  respective  jjlaces  of  residence  of  all  the  general  and  spe- 
cial partners,  distinguishing  who  are  the  general  and  who  are  the 
sjiecial  partners,  the  amount  of  capital  which  each  si)ecial  partner 
contributed  to  the  concern,  the  general  nature  of  the  business  to  be 
transacted,  and  the  time  when  the  partnership  is  to  commence  and 
when  it  is  to  terfliinate.  No  such  partnership  shall  be  deemed  to 
have  been  formed  until  a  certificate,  made  as  aforesaid,  shall  be  ac- 
knowedged,  by  all  the  partners,  before  some  justice  of  the  peace, 
and  recorded  in  the  office  of  the  recorder  of  the  county  in  which 
the  principal  place  of  business  of  the  partnership  is  situated,  in  a 
book  to  be  kept  for  that  purpose,  open  to  public  inspection.  If  the 
partnership  shall  have  i^laces  of  business  situated  in  different  coun- 
ties, a  copy  of  the  certificate,  certified  by  the  recorder  in  whose 
office  it  shall  have  been  recorded,  shall  be  filed  and  recorded  in  like- 
manner  in  the  office  of  the  recorder  in  every  such*  county.  If  any 
false  statement  shall  be  made  in  any  such  certificate,  all  the  persons 
interested  in  the  partnership  shall  be  liable,  as  general  partners, 
for  all  the  engagements  thereof.  The  partners  shall  for  at  least  six 
consecutive  weeks  immedialely  after  such  registry,  publish  a  copy 
of  the  certificate  above  mentioned  in  a  newspaper  printed  in  the 
county  where  their  principal  place  of  business  is  situated  ;  and  if 
no  such  paper  be  there  i^rinted,  then  in  a  ue"/spaper  printed  within 
the  State  or  province  nearest  thereto.  In  case  such  publication  be 
not  so  made  the  partnership  shall  be  deemed  a  general  partnership. 


PARTNERSHIP   LAWH.  105 

Renetnals  and  rontlnuatio7ia  oi  a,  limited  partnersliip  beyond  tlip 
time  originally  agreed  upon  for  its  duration,  a  certificate  thereof 
shall  be  made,  acknowledged,  recorded,  and  published,  in  like  man- 
ner as  is  provided  in  the  preceding  sections  for  the  original  forma- 
tion of  limited  partnerships;  and  every  such  partnership  which  shall 
not  be  renewed  in  conformity  with  the  provisions  of  this  section 
shall  be  deemed  a  general  partnership.  The  business  of  the  part- 
nership shall  be  conducted  under  the  firm  name  contained  in  the 
certificate  provided  for  as  aforesaid,  which  firm  name  shall  in  no  case 
contain  the  name  of  any  special  partner,  and  the  general  partners  onlj' 
shall  transact  business ;  and  if  the  name  of  any  special  partner 
shall  be  used  in  such  firm  with  his  consent  and  privity,  or  if  he 
shall  personally  make  any  contract  respecting  the  concerns  of  the 
partnership  with  any  person  except  the  general  partners,  he  shall 
be  deemed  anel  treated  as  a  general  partner.  During  the  contin- 
uance of  any  partnership  under  the  provisions  as  aforesaid,  no 
capital  stock  thereof  shall  be  withdrawn,  nor  any  division  of  in- 
terest or  profits  be  made  so  as  to  reduce  such  capital  stock  below 
the  sum  stated  in  the  certificate  before  mentioned ;  and  if,  at  any 
time  during  the  continuance,  or  at  the  termination  of  the  partner- 
ship, the  property  or  assets  shall  not  be  sufficient  to  pay  the  part- 
nership debts,  then  the  special  partners  shall  severally  be  held  re- 
sponsible for  all  sums  by  them  in  any  way  received,  withdrawn,  or 
divided,  with  interest  thereon  from  the  time  when  they  were  so 
withdrawn  respectively.  No  general  assignment  by  said  partner- 
ship, in  case  of  insolvency,  or  where  their  goods  and  estate  are  in- 
sufficient for  payment  of  all  their  debts,  shall  bo  valid,  unless  it 
shall  provide  for  a  distribution  of  the  partnership  property  among 
all  the  creditors  in  proportion  to  the  amount  of  their  several  claims. 
In  case  of  an  assignment  as  aforesaid,  the  assent  of  the  creditors 
shall  be  presumed,  unless  within  sixty  days  after  notice  thereof, 
they  shall  dissent ;  and  no  such  assignment  shall  be  valid  unless 
notice  thereof  shall  be  given  in  some  newspaper  printed  in  the 
county  where  the  place  of  business  of  the  party  making  it  is  situ- 
ated (or,  if  no  newspaper  be  printed  in  such  county,  then  in  some 
newspaper  printed  within  the  state  or  the  province,  nearest  thereto) 
within  fourteen  days  after  the  making  of  such  assignment  All 
suits  respecting  the   business  of   such   partnership  shall  be  prose- 


166  READY  REFERENCE  MANUAL. 

cuted  by  and  against  the  general  paitnerH  only,  except  in  those  cases 
in  which  provision  is  made  as  aforesaid,  that  the  special  partners 
shall  bo  deemed  general  partners  and  that  special  partnership  shall 
be  voided  by  acts  and  noncompliance  with  the  law  ;  in  which  cases 
all  the  partners  deemed  general  partners  shall  join  or  bo  joined  in 
such  suits;  and  excepting,  also,  those  cases  wliei<  special  partners 
shall  behold  severally  responsible  on  account  of  any  sums  by  them 
received  or  withdrawn  from  the  common  and  origi  il  capital  account 
as  hereinbefore  provided.  No  dissolution  of  a  lii  ted  partnership 
shall  take  place,  except  by  operation  of  law,  befor-  the  time  speci- 
fied in  the  certificate  above  mentioned,  unless  a  n(  ice  of  such  dis- 
solution shall  be  recorded  in  the  Recorder's  office  ii  which  the  orig- 
inal certificates  or  the  certificate  (as  the  case  may  h-,')  of  renewal  or 
continuation  of  the  partnership  was  recorded,  and  unless  such  no-* 
tice  shall  also  be  published  for  six  weeks,  in  ^-()me  newspaper 
printed  in  the  county  where  the  certificate  of  formation  of  such 
partnership  was  published  according  to  the  conditii  Jis  hereinbefore 
set  forth  ;  but  if  no  newspaper  shall,  at  the  time  r.f  such  dissolu- 
tion, be  printed  in  such  county,  then  as  in  the  original  cases  in 
the  state  or  province  nearest  thereto. 

The  Closing  up  of  Business  in  case  of  death  of  one  of  the  part- 
iiei*«hip,  is  one  of  the  very  important  provisions  in  a  carefully 
drawn  up  co  partnership  deed ;  it  should  provide  for  a  speedy  and 
practicable  settlement  by  the  surviving  partners.  The  usual  prac- 
tice is  that  the  surviving  partners,  within  sixty  days  after  such 
death  shall  proceed  to  make  a  full,  true,  and  complete  inventory  of 
the  estate,  goods,  chatties,  rights,  credits,  moneys,  and  effects 
within  his  or  their  knowledge,  and  shall  cause  the  same  to  be  ap- 
praised by  two  competent  freeholders  or  landlords  of  the  neigh- 
borhood, one  of  whom  shall  be  selected  by  the  surviving  partner  or 
partners,  and  the  other  by  the  Clerk  of  the  Court  having  probate 
jurisdiction,  making  a  full  and  complete  schedule  thereof ;  which 
said  schedule  and  appraisement  shall  be  sworn  to  by  said  appraisers 
before  the  Clerk  of  such  Court,  specifying  that  the  property  de- 
scribed in  said  schedule  is  appraised  at  its  true  cash  value  ;  which 
schedule  shall  by  said  appraisers  bo  filed  in  the  office  of  the  Clerk 
of  the  Court  having  probate  jurisdiction,  immediately  after  the 
completion  thereof.     It  is   the  duty   of  such  surviving  partner  or 


rARTNERsnir  laws.  I(i7 

partnern,  immediately  upon  the  tiling  of  bucIi  bchedule  of  ap})niiBe- 
ment,  to  file  with  the  Clerk  of  the  Court  having  probate  juriediction, 
his  or  their  affidavit  that  the  schedule  filed  by  said  appraisers  con- 
tains a  full,  true,  and  complete  list  of  all  the  liabilities  of  said  firm 
at  the  time  of  the  death  of  said  deceased  partner  :  to  which  said 
list  of  liabilities  said  surviving  partner  or  paitners  shall  also  ap- 
pend his  or  their  afiidavits  testifying  to  the  correctness  thereof. 
Upon  the  filing  of  the  inventory,  appraisement,  and  list  of  liabili- 
ties, as  before  mentioned,  such  surviving  partner  or  partners  shall 
execute  a  bond,  payable  to  the  state  or  province,  in  the  sum  of 
double  the  amount  of  the  interest  of  said  decedent,  as  shown  by 
said  inventory,  appraisement,  and  list  of  liabilities  on  file,  condi- 
tioned for  the  faithful  performance  of  his  or  their  trust,  signed  at 
least  by  two  good  and  sutficient  freehold  sureties,  to  be  approved  by 
the  Clerk  of  the  Court.  If  such  surviving  partner  or  partners  shall 
fail  to  file  such  bond  within  the  number  of  days  usually  allowed  in 
general  cases  of  a  similar  kind  in  the  state  or  province,the  Judge  of 
the  Court  having  probate  jurisdiction  shall  appoint  a  receiver  to 
take  charge  of  the  assets  of  such  firm,  who  shall  proceed  to  settle 
the  same  as  though  a  voluntary  assignment  of  the  assets  of  said 
firm  had  been  made  for  the  benefit  of  creditors.  If  such  surviving 
partner  or  partners  shall  fail  to  file  such  niventory,  appraisement 
and  list  of  liabilities  as  first  stated  in  this  winding  up  process,  or 
shall  fail  or  refuse  to  take  upon  him  or  themselves  the  settlement  of 
the  business  of  such  firm,  the  Judge  of  the  Court  having  probate  ju- 
risdiction,upon  petition  filed  by  any  one  interested  in  the  settlement 
of  such  partnership,  who  shall  proceed  to  settle  the  name  as  though 
a  voluntary  assignment  for  the  benefits  of  the  creditors  had  been 
made  by  the  surviving  partner  or  partners  of  such  firm.  Any  per- 
son interested  in  the  settlement  of  such  partnership  business  may 
file  a  petition  in  the  Court  having  probate  jurisdiction,  to  have  a 
receiver  appointed  to  settle  the  same,  and  shall  give  the  surviving 
partner  or  partners  at  least  ten  days'  notice  of  the  time  of  hearing 
and  the  place  of  such  hearing,  in  the  said  petition ;  and  if,  upon 
the  hearing  thereof,  the  Judge  of  such  Court  shall  be  convinced 
that  such  partnership  business  is  not  being  properly  settled,  or 
that  the  assets  of  such  firm  are  being  wasted,  he  shall  appoint  a 
receiver  to  settle  the  same,  as  heretofore  provided  for  in  the  fore- 
going instructions. 


Ifi8  RFADY   RKFERKNCE   MANUAI-. 

Upon  the  Hettlomont  of  fluch  piirtncrHhip  biisinesH,  tho  surviv- 
ing partner  or  partners  Hhall  ntport  tho  Hanio  to  the  proper  Court, 
and  pay  the  HurpluH  belonging  to  such  deceased  partner  into  Court, 
to  be  paid  out,  on  tho  order  of  the  Probate  Judge  to  Huch  person 
or  persons  as  the  Court  may  have  found  entitled  to  the  same  by 
law.  Such  surviving  partner  or  partners  shall  settle  such  partner- 
ship business  within  two  years,  usually  from  the  filing  of  such  in- 
ventory and  appraisement,  unless  the  Court,  for  good  cause  shown, 
shall  grant  a  longer  time.  Upon  the  final  winding  up  as  aforesaid, 
tho  bondsmen  upon  application  to  the  Probate  Court  Judge  may 
have  their  bonds  cancelled. 

Tho  foregoing  instructions  if  carefully  followed,  explains  the 
universal  proceedings  of  co-partnerships  ;  in  some  states  and  in  the 
provinces,  slight  variations  in  minute  details  may  appear,  but  the 
substantial  legal  embodiments,  are  contained  strong  enough  to 
practically  need  little  or  no  change.  Wo  have  after  great  research 
and  comparison  of  this  co  partnership  law,  as  in  eft'oct  in  the  differ- 
ent states  of  the  United  States,  and  in  the  difl'erent  pi'ovinces  of 
Canada  ,  found  so  little  difference,  as  convinced  us  of  the  utility  of 
embracing  under  a  general  line  as  in  the  foregoing,  the  legal  and 
proper  proceedings,  to  be  adopted  in  any  state  or  territory,  or  of 
the  provinces,  upon  which  it  is  calculated  to  treat. 


PART  v.— CIIAl*.  III. 

rANDr.onn  and  tenant. — the  oKNEUvr,  law  iiRAniMd   upon   thk   RtoiiTH 

OF    llOTII. 

EsTATKH  AT  wii.L. — Estatc'H  ftt  Will  iiiay  be  (letGrniinoil  by  one 
montb'H  notice,  in  writing,  delivoietl  to  the  tenant. 

Tenancif.3  AT  WILL,  AND  FROM  YEAH  TO  YEAii. — A  tenancy  at  will 
can  not  arise  oi'  be  created  without  an  express  contract ;  ami  all 
general  tenancies,  in  which  the  prcmiHOH  are  occupied  by  the  con- 
Hout,  eitlior  express  or  implied,  of  lln^  luudlord.  shall  bo  dconicd 
tenancies  from  year  to  year. 

Notice  to  petermine  tenancies  i  kom  year  to  year. — All  tenan- 
cies from  year  to  year  may  be  determined  by  at  least  three  niouths' 
notice  given  to  the  tenant  prior  to  the  expiration  of  the  year  ;  and 
in  all  tenancies  which,  by  agreement  of  the  parties,  expr<'88  or  im- 
plied, are  from  one  period  to  another,  of  less  than  three  months 
duration,  a  notice  equal  to  the  interval  between  such  periods  shall 
be  sufficient. 

Form  op  notice. — iMay  be  used  in  erase  of  a  tenancy  from  year 
to  vear. 

Rochester,  Monroe  Co.,  New  York,  Jan.  5th,  1889. 

To  William  Jirown : — You  are  hereby  notilied  to  deliver  up 

to  me,  at  the  expiration  of  the  current  year  of  your  tenancy,  which 

expires  the  12th  day  of  April  next,  the  possession  of  the  354  East 

Main  St.,  in  this  city,  (or  as  the  case  may  be  the  north  half  of  lot 

24,  in  the  3rd  range,  &c.,  if  a  farm),  now    held  by  you  from  me  as 

tenant. 

Elijah  Roland. 

Non-payment  of  rent  notice. — If  a  tenant  refuse  or  neglects  to 

pay  rent  w'.wn  due,  ten  days  (uukss  provided  by  special  provision 

between  the  landlord  and  tenant,  in   the  body  of  the  lease,  or  in 

11 


170  READY   UEFEIIF.NCE   MANUAL. 

writing  if  tlie  loaHO  in  not  writteu),  nolico  to  i|uit  nhall  tletnrniino 
th«  leiiHj',  when  not  coinplind  with.  The  follow  ing  form  of  notice  or 
Hotuething  Hiniilnr  Ih  Hufticic-nt : 

IJuilington,  Vt.,  February  6tli,  1881). 

To  /tlc/iard  Dales  : ~1  licrcby  give  you  notico  to  deliver  up  to 

nio  nt  thn  expiration  of  ten  (lays  from  tlio  time  of  lioing  Herved  with 

tluH  n(  tice,  or  pay  to  me  the  rent  due,  the  posscHHion  of  th((  piemiweH 

now  occupied  l)y  you,  namely  :  Lot  nundiered  10  on  Market  St  ,  in 

the  city  of  iiurliugton,  and  county  uf  Chitteutlen,  and  Stuto  of 

Verniont. 

John  Sink. 

Place  of  paymknt. — Where  it  is  not  fixed  by  agreement,  the 
landlord  or  hin  agent,  must  demand  the  Hanie  on  the  premiweH  junt 
before  sunset  on  the  day  Hpeciiied. 

Cannot  err  thei  s. — Unless  expressly  authorized  the  tenant 
cannot  cut  trees  ni)on  land,  except  for  necessary  firewood. 

Makino  uEi'Aius. — A  covenant  is  never  implied  that  the  lessor 
will  make  any  repairs.  In  the  absence  of  a  <!Ovenant  to  repair,  the 
tenant  must  pay  rent  ulthough  the  building  be  destroyed  by  fire, 
unless  the  demise  is  part  only  of  the  whole  building.  The  tenant 
is  not  answerable,  in  the  absence  of  exprens  agreement,  for  the  ac- 
cidental destruction  of  the  premises  by  fire.  If  a  landlord  leases  a 
part  of  a  tenament  or  building  for  dangerous  uses,  he  becomes 
liable  to  the  other  tenants  for  any  damages  that  may  at  any  time 
occur  to  them  thereby. 

When  notice  to  quit  is  unnecessauv. — Where  the  landlord 
agrees  with  the  tenant  to  rent  the  premises  to  him  for  a  specified 
term,  and  where  it  is  agreed  at  the  time  that  the  contract  will  then 
cease ;  where  a  tenant  at  will  connuits  waste  ;  or  in  case  of  a  tenant 
at  sufTerance  ;  or  where,  by  the  express  terms  of  the  contract  the 
rent  is  pa3'able  in  advance,  and  where  the  tenant  has  entered,  and 
refuses  or  neglects  to  pay  rent. 

Notice,  how  served. — Notice,  as  recjuircd  in  any  of  the  preced- 
ing questions,  may  be  served  on  the  tenant,  or  if  he  cannot  be  found, 
bj-  delivering  the  same  to  some  person  of  proper  age  and  discre- 
tion, residing  on  the  premises,  having  first  made  known  to  such  per- 


I.ANni.OKI)   AVn  TENANT.  171 

Hull  tilt!  uonlfiilH  iliuicdt  ;  aiul  if  no  Hiiuh  pciHoii  ciiii  be  fotititl  un  lh« 
pi-eiuiHim,  tL(Ui  by  anixing  a  copy  of  Hucb  notice  to  a  conhpiououH 
part  of  enid  prMiiiHCH. 

Conveyance  without  ATTonNMEST. — l'uj'"'<'"t  of  rent  by  the 
tcimnt  to  tho  grantor,  at  any  tinie  before  notice  of  Hale  given  to  naiil 
tenant,  Hhall  be  good  agaiiiHt  the  grantee.  The  conveyance  of  the 
eHtate  by  hiudU)rd  without  the  attornment  of  tenant  iH  vahd. 

OccupANTH  MAiii.E  FOR  KENT. — The  occupaut,  without  special 
contract,  and  not  siiHlciently  long  enough  to  take  advantage  of  the 
HtpiatterH'  right  under  tho  Htattitew  of  limitation  to  lecovtiry  of  poH- 
KOHHion,  of  any  landH,  whall  be  liable^  for  rent  to  any  pernon  entitled 
thereto.  A  peiHon  taking  poHHCHbion  under  a  voidable  contract  of 
purchaHe,  is  liable  for  rent. 

Landdohd's  MEN  Fon  KENT. — In  all  cases  wher(>  a  tenant  agrees 
to  pay,  as  rent,  a  part  of  crop  raised  on  tho  leased  premiHcts,  or 
rent  in  kind,  or  a  cash  rent,  the  landlord  Hhall  have  a  lien  on  the 
cro])  nuHcd  under  Huch  contract,  for  tlu!  payment  of  such  rent ; 
which  lien,  if  i\m  tenant  i  efuse  or  neglect  to  pay  or  to  deliver  to  the 
landlord  such  rent  when  due,  m.ay  be  enforced  by  sale  of  such  crop, 
in  tho  same  manner  as  tho  lien  of  a  bill  of  sale  or  chattlo  mortgage 
^containing  a  power  to  sell. 

E.FE(!TMENTS  AND  sEizuuEs. — No  landlord  between  the  hours  of 
sunrise  and  sunset,  shall  by  himself  or  his  duly  authorized  bailift", 
forcibly  enter  upon  the  premises  of  any  tenant,  or  otherwise  make 
distraint  for  rent.  77ie  process  o/  attaehitient  for  rent  diii\  lies 
unch^r  tho  common  laws  and  customs  everywhere;  but  the  right  to 
sell  tho  same  is  only  permitted  under  the  laws  of  some  states  and 
in  the  provinces  of  Canada.  Tho  practice  and  law  is  to  bring  suit 
and  prove  the  legality  and  justice  of  the  debt,  as  in  any  other  cause. 
But  where  a  lease  exists  aiid  the  landloid  has  fultilled  his  cove- 
nants, tho  debt  is  as  de/easelcss  as  a  promissory  note,  "  for  value 
received." 


PART  VI.— CHAP.  III. 


MASTER   AND    SERVANT. 


The  word  servant,  is  a  gfcneric  term,  embracing  slaves ;  but 
where  slavery  does  not  exist,  a  servant  is  one  wbo  by  liontract  has 
bound  himself  (or  herself  as  the  case  may  be)  to  render  service  to 
another,  who  in  respect  to  the  subject  matter  of  the  contract  is  bis 
master.  The  contract  hiring  may  be  verbal  or  in  writing  ;  if  it  be 
for  more  than  a  year,  it  must  be  in  writing,  or  it  will  be  valid  only 
so  far  as  the  parties  have  acted  under  it.  When  the  time  of  service 
is  fixed,  neither  party  has  the  right  to  terminate  it,  except  for  good 
and  siilHcient  cause.  The  servant  must  obe\  all  proper  directions 
in  respect  to  the  service,  attend  faithfully  to  his  duties,  and  be 
guilty  of  no  g'ossly  immoral  or  indecent  behavior.  Leaving  without 
sufficient  cause  : — The  penalty  for  leaving  without  sufficient  cause, 
or  if  the  master  shall  wrongfully  discharge  him,  is  the  payment  of 
such  damages  as  the  other  party  can  show  he  sustained.  Where  a 
wrongful  act  is  done  by  a  servant  by  direction  of  the  master,  or  in 
his  presence,  so  that  his  consent  can  be  fairly  implied,  or  as  a  natural 
or  probable  result  of  directions  given  by  the  master,  or  in  the  exer» 
cise  of  a  discretion  which  the  master  has  given,  the  master  is  answer- 
able in  damages  to  the  person  injured.  If  a  servant  steps  aside 
from  his  duty  to  commit  an  intentional  wrong,  ho  alone  is  liable 
therefor.  But  if  a  railroad  ctaiductor  should  in  defiance  of  his 
orders,  and  wilfully  and  wantonly  iuHict  an  injury  upon  a  passengf^', 
the  company  would  be  liable,  because  it  was  its  duty  to  see  that  t/ie 
conductor,  placed  and  intrusted  to  fal/il  their  contract  of  carrying 
that  passenger,  was  not  i?itr listed  to  those  who  would  negligently  or 
jnirposely  violate  it. 

These  rules  of  liability  on  the  part  of  the  master  do  not  apply 
in  favor  of  a  servant  who  is  injured  by  the  carelessness  or  negligence 
of  a  co-servant,  unless  he  can  show  that  the  servant  causing  the 
injury  was  incompetent  or  an  unfit  person  to  be  engaged  ii^.  such  em" 
ployment,  and  that  the  master  knew  it  when  he  employed  him.  One 
who  entices  a  servant  away  before  his  time  of  service  has  expired, 
or  who  injures  him  so  that  he  cannot  labor,  or  who  seduces  a  female 
servant,  is  liable  to  the  master  of  «uch  servant  for  damages. 


ixtiW   OF  APPUENTICESIIIP.  173 

LAW    OF    Ari'EENTICESHIP. 

Apprentice,  a  persou  bound  to  service  for  a  term  of  years,  aad 
receiving  in  return  instruction  in  bis  master's  business.  Appren. 
ticesliip  had  its  origin  in  the  system  of  associated  trades  which 
prevailed  in  Europe  in  the  middle  ages.  It  was  the  mode  of  ac- 
(piiring  freedom  under  the  huv  to  exercise  a  trade,  but  exists  at 
present  chiefly  as  a  convenient  means  of  accpiiring  knowledge  of 
one.  Apprenticeships  are  first  noticed  in  the  English  statutes  in 
1888.  The  London  apprentices  ligured  as  an  important  body  during 
civil  wars.  Their  term  of  service  was  seven  years.  Early  in  the 
present  century  apprenticeships,  as  a  necessary  means  of  access  to 
a  trade,  was  abolished.  In  almost  all  the  United  States  and  in  each 
Province  of  Canada,  the  contract  is  provided  for  by  statute.  In 
some  of  the  States  it  is  regulated  by  the  agreement  between  the 
parties,  confirmed  by  the  parent  or  guardian  of  the  apprentice,  the 
time  being  sometimes  a  rule  and  custom,  but  more  generally  the 
attainment  of  efficiency.  New  York  State  by  statute  of  1871,  the 
term  of  apprenti  -iship  must  be  not  less  than  three  or  more  than 
five  years.  In  other  states  the  statutes  limit  the  time  and  stip  - 
uhites  the  hours  of  service,  the  education  j)eriod8  in  each  year  in 
the  common  schools,  etc.  But  in  no  state  does  the  law  bind  the 
apprentice  to  serve  longer  than  the  years  of  his  majority. 

In  Rkspect  to  ApriiENTiCESHips  Generama'  : — It  has  bee  'leld 
tluit  the  indenture  cannot  be  assigned  by  the  master,  unless  with 
the  infant's  consent  or  under  the  sanction  of  well  settled  usage. 
The  apprentice  cannot  abandon  his  service  unless  his  master  deserts 
him.  The  master  cannot  turn  away  the  apprentice  for  ordinary 
misbehavior,  such  as  idleness  or  drunkeness  ;  and  if  the  apprentice 
is  ill,  the  master  is  bound  to  provide  proper  cars  and  medicines. 
The  employer  may  maintain  an  action  for  the  value  of  his  appren- 
tice's services  against  anyone  who  entices  him  away,  or  wilfully 
harbors  him  after  his  desertion,  with  knowledge  of  his  dt  sertion 
and  his  apprenticeship.  The  obligation  of  the  apprentice  is  dis- 
solved by  the  death  of  his  master  or  insolvency.  Dissolved  by  dis- 
charge witLout  cause,  entitles  the  apprentice  to  wages  for  the  entire 
time  of  his  apprenticeship,  served  and  to  be  served.  Marriage  of  a 
female  apprentice  annuls  her  obligations. 


PART  Vn.— CHAP.  Til. 

EXTRADITION      OF      I'UUITIVE     I'ELONS     BETWEEN     THE     UNITE])     STATEH    AND 

CANADA. 

An  act  rospectiug  the  treaty  betweea  Great  Britain  and  tbe 
United  Stati's  of  America  lor  the  appreliension  and  surrender  of 
certain  ollenders. 

Tiie  act  recites  tbe  treaty  signed  at  Washington  on  the  9th  day 
of  August,  1842,  and  ratitications  exchanged  at  London  on  the  30th 
of  October  tbe  same  year,  and  then  enacts  :— 

( 1 )  As  amended  by  subsequent  statute,  24,  V.  C  G,  that  upon 
coiuphiint  made  under  oath  or  atfirmation,  charging  any  person 
found  within  the  limits  of  the  provinces  (now  Dominio]i  of  Canada) 
of  Canada  with  having  committed  within  the  jurisdiction  of  the  Unit- 
ed States  of  America,  with  any  of  the  crimes  herein  enumerated, 
viz : — the  crime  of  murder,  or  assault  to  commit  murder,  piracy,  ar- 
son, I'obbery,  forgery  or  the  utterance  of  forged  paper,  it  shall  be 
lawful  for  any  judge  of  tbe  Supreme  Courts  in  the  Provinces,  or  any 
County  Court  judge  or  any  recorder  of  a  city,  or  police  magistrate, 
or  stipendary  magistrate,  to  issue  his  warrant  for  tbe  apprehension 
of  the  person  so  charged,  that  he  may  be  brought  before  such  judge 
or  other  officer,  and  upon  being  brought  before  him,  under  the  said 
warrant,  it  shall  be  lawful  for  such  judge  or  other  offi(xn-  to  examine 
upon  oath  any  person  or  persons  touching  the  truth  of  such  charge ; 
and  upon  such  evidence  as,  according  to  the  laws  of  the  Provinces, 
would  justify  the  apprehension  and  committal  for  trial  of  the  person 
so  accused,  if  the  crime  of  which  he  shall  be  so  accused  had  been 
committed  heiein,  it  shall  be  lawful  for  such  judge  or  other  officer 
to  issue  his  warrant  for  the  commitment  of  the  person  so  cliarged  to 
the  proper  gaol,  there  to  remain  until  surrendered  according  to  stip- 
ulation of  said  treaty,  or  until  discharged  according  to  law  ;  and  the 
said  judge  or  other  officer  shall  thereupon  forthwith  transmit  or  de- 
liver to  the  Executive  at  the  seat  of  government  all  the  testimony 
taken  before  him,  that  a  warrant  may  issue  upon  the  recpiisition  of 
the  United  States  for  the  surrender  of  such  i)erson,  pursuant  to  the 
said  treaty. 


EXTRADITION   OF   FUGITIVE   FELONS.  175 

2.  (An  amendment  to  the  foregoing  statute.)  In  every  case  of 
complaint  as  aforesaid,  and  of  a  hearing  upon  the  return  of  the  wnr- 
rent  of  arrest,  copies  of  the  depositions  upon  which  the  original 
warrant  may  have  been  granted  in  the  United  States,  (  according  to 
the  laws  of  the  different  states )  certified  under  the  hand  of  the  per- 
son or  persons  issuing  such  warrant,  and  attested  upon  oath  of  the 
party  producing  them,  to  be  true  copies  of  the  original  depositions, 
may  be  received  in  evidence  of  the  criminalit}'  of  the  person  so  ap- 
prehended. 

3.  (  As  further  amended  by  Act  of  Parliament.)  It  shall  be  law- 
ful for  the  Governor  General,  upon  a  requisition  made  as  aforesaid 
by  the  United  States,  by  warrant  under  his  seal  to  order  the  person 
so  committed  to  be  delivered  to  the  person  or  persons  authorized  to 
receive  sucli  person  in  the  name  and  on  the  behalf  of  the  United 
States,  to  be  tried  for  the  crime  of  which  such  person  stands  ac- 
cused ;  and  such  person  shall  be  delivered  up  accordingly  ;  and  the 
person  or  persons  authorized  as  aforesaid  may  hold  such  person  in 
custody,  and  take  him  to  thp  states  or  territories  of  the  United 
States,  pursuant  to  the  said  treaty  ;  and  if  the  person  so  accused  es- 
capes out  of  any  custody  to  which  he  stands  committed,  or  to  which 
he  has  been  delivered  as  aforesaid,  such  person  may  be  retaken  in 
the  same  manner  as  any  person  accused  of  any  crime  against  the  laws 
of  this  Province,  may  be  taken  upon  escape  in  a  like  manner. 

4.  ( As  further  amended.)  Provides  that  any  person  so  arrested, 
if  not  delivered  up  within  two  rionths  after  such  commitment,  any 
of  the  judges  of  the  Superior  Courts  having  power  to  grant  writs  of 
habeas  corpus,  upon  application  made  and  proof  given  of  notice  to 
the  Secretary  of  State,  may  order  such  person  to  be  discharged  out 
of  custody,  unless  sufficient  cause  be  shown  to  tht.  contrary. 

THE  WELDON  EXTRADITION  ACT  OP  1889. 

An  act  to  extend  the  provisions  of  the  Extradition  Act. 

Whereas,  it  is  expedient  to  make  further  provision  for  the  ex- 
tradition from  Canada  of  fugitive  oftenders  from  foreign  states : 
Therefore,  Her  IMajesty,  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada,  enacts  as  follows  : — 

1.     In  case  no  extradition  arrangement,  within  the  meaning  of 


176  READY   UEFEI5ENCE   MANUAL. 

'*  The  Kxtradith^t  Act^^  exists  between  Her  Majesty  and  :i  foii'igu 
state,  or  iu  ease  such  an  extradition  arrangement,  extending  to 
C^aiiada,  exists  between  Her  Majesty  and  a  foreign  state,  but  does 
not  include  the  crimes  mentioned  in  the  schedule  to  this  act,  it 
shall,  nevertheless,  be  lawful  for  the  Minister  of  Justice  to  issue 
his  warrant  for  the  surrender  to  such  foreign  state  of  any  fugitive 
oftender  from  such  foreign  stal-  charged  with  or  convicted  of  any 
of  tile  crimes  mentioned  in  the  schedule  to  this  act:  Provided, 
always,  that  the  ariest,  connnittal,  detention,  surrender  and  convey- 
ance out  of  Canada  of  such  fugitive  ollender  shall  be  governed  by 
the  i)rovisions  of  '•  The  J'Jxtrudition  Act,''  and  that  all  the  provis- 
ions of  the  said  act  shall  fil^'ly  to  all  steps  and  proceedings  in  re- 
lation to  such  arrest,  committal,  detention,  surrender  and  convey- 
ance out  of  Canada,  iu  the  same  manner  and  to  the  same  extent  as 
they  would  apply  if  the  said  crimes  were  included  and  specilied  iu 
ail  extradition  arrangement  between  Her  Majesty  and  the  foreign 
state,  extending  to  Canada. 

2.  All  expenses  connected  with  the  arrest,  committal,  deten- 
tion, surrender  and  conveyance  out  of  Canada  of  any  fugitive  ofi'eii- 
der  under  this  act  shall  be  borne  by  the  foreign  state  applying  for 
the  surrender  of  such  fugitive  oftender. 

3.  The  list  of  crimes  in  the  schedule  to  this  act  shall  be  con- 
strued according  to  the  law  existing  in  Canada  at  the  date  of  the 
commission  of  the  alleged  ciime,  whether  hy  common  law  or  by 
statue  made  before  or  aftfsr  the  coming  into  force  of  this  act,  and 
as  including  only  such  dimes,  of  the  description  comprised  in  the 
list,  as  are,  under  tliut  law,  iudictaljle  oftences. 

2.  Tue  provisions  of  this  act  shall  apply  to  any  ci'ime  mentioned 
in  the  said  schedule,  ciommitted  after  the  coming  into  f()rce  of  this 
act,  as  regards  any  foreign  state  as  hereinafter  provided. 

4.  The  foregoing  provisions  of  this  act  shall  not  come  into 
force  with  respect  to  fugitive  oftenders  from  any  foreign  state  until 
this  act  shall  have  been  declired  by  proclamation  of  the  Governor 
General  to  be  in  force  and  efl'ect  as  regards  such  foreign  state, 
from  and  aftei'  a  da}'  to  be  named  in  such  Proclamation ;  and  the 
provisions  of  this  act  shall  cease  to  have  any  force  or  efi'ect  with 
respect  to  fugitive  oftenders  from  any  foieign  state,  if  by  proclama- 


EXTHADITION   OF  FUGITIVE   FELON'S.  177 

tion   the  Governor  General  declares  this  act  to  '>e  no  longer  in 
operation  as  regards  such  foreign  state. 

2.  The  day  from  and  after  which,  in  such  case,  the  provisions 
of  this  act  shall  cease  to  have  force  and  efTect  shall  be  a  day  to  be 
named  in  such  proclamation. 

5.  This  act  shall  not  authorize  the  issue  of  a  warrant  for  the 
extradition  of  any  jierson  under  the  provisions  ofthisBtatute,  toany 
fitiite  or  country  in  which  by  the  law  in  force  in  such  state  or  coun- 
try, such  person  may  be  tried  after  such  extratlition  for  any  other 
otl'eiice  than  that  for  which  he  has  been  extradited,  unless  an  assur- 
ance shall  lii  st  have  been  given  by  the  executive  authority  of  such 
state  or  country,  that  the  person  whose  extradition  has  been 
claimed  shall  not  be  tried  for  any  other  offence  than  tiiat  on  account 
of  which  sLioh  extradition  has  been  claimed. 


SCHEDULE. 

(1)  Murder,  or  attempt  or  consi>iracy  to  murder ;  (2)  man- 
slaughter ;  (3)  counterfeiting  or  altering  money  and  uttering  coun- 
terfeit or  altered  money ;  (4)  forgery,  counferfeiting  or  altering 
or  uttering  what  is  forged,  counterfeited  or  altered  ;  (5)  larceny  ; 
(6)  embezzlement ;  (7)  obtaining  money  or  goods  or  valuable  se- 
curities by  false  pretences  ;  (8)  rape  ;  (9)  abduction ;  indecent 
assault;  (10)  child  stealing;  (11)  kidnapping:  (12)  burglary, 
house-breaking  or  shop-breaking;  (13)  art  on  ;  (14)  robbery;  (15) 
fraud  committed  by  a  bailee,  banker,  agent,  factor,  trustee  or  mem- 
ber or  public  officer  of  any  company  or  municipal  corporation,  made 
criminal  by  any  law  for  the  time  being  in  force  ;  (16;  any  malicious 
act  done  with  intent  to  endanger  persons  in  a  railway  train  ;  (17) 
piracy  by  municii)al  law  or  law  of  nations,  committed  on  board  of 
or  against  a  vessel  of  a  foreign  state  ;  (18;  criminal  scuttling  or 
destroying  such  a  vessel  at  sea,  whether  on  the  high  seas  or  on  the 
great  lakes  of  Noi'th  America,  or  attempting  or  conspiring  to  do  so; 
(19)  assault  on  board  such  a  vessel  at  sea,  whether  on  the  high 
seas  or  on  the  great  lakes  of  North  America,  with  mtent  to  destroy 
life  or  to  do  grievous  bodily  harm ;  (20)  revolt,  or  conspiracy  to 
revolt,  by  two  or  more  persons  on  board  such  a  vessel  at  sea, 
whether  on  the  high  seas  or  on  the  great  lakes  of  North  America, 


178  READY   BEFEUENCE   MANUAL. 

agaiust  the  authority  of  the  inaHter ;  (21)  adiuiuiHteriiig  drugs  or 
using  iustrunients  with  iuteut  to  procure  the  miacarriage  of  a 
woman  ;  (22)  any  oft'ence  which  is,  in  the  ca.se  of  the  principal 
ofi'ender,  included  in  any  forgoing  portion  of  this  schedule,  and  for 
which  the  fugitive  criminal  though  not  the  principal,  is  liable  to  be 
tried  or  punished  as  if  he  were  the  principal. 


CHAPTER  IV. 

I'AUT  I.— Tlio  MiuriaKi!  Laws  tus  irgiilatod  l.y  statutes  in  cacli  Slate  and 
Territory  of  the  United  States  and  in  each  Province  in  tlie  Dominion  of 
Canada.  Wiiere  a  licensi;  is  reipnred.  A-^es  of  cai)al)ility  to  eider 
the  contract  witli  parents'  consent  or  wi'hout.  AVliere  ^hlrriaK<•  is 
regarded  as  a  civil  contract  and  where  it  is  not.  AVho  can  i)erl'orni 
the  ceremony.  Whi-n^  living  together  as  hnsi.and  and  wife  consti- 
tutes a  lawful  marriage.  PART  II.  —  Married  woman's  separate 
riglds  resjiei'ting  the  ownership  and  disposition  of  property.  Her 
liahility  for  her  luisband  or  family  debts.  Debts  antenuptial  and 
otherwise  that  both  husband  and  wife  assume.  PART  III.— The 
linws  of  Divorce;  The  causes  for  which  decreed;  The  time  action  nuist 
be  commenced,  and  its  effect  on  ]n-oi»erty  of  both  iiarlies.  PART  IV. 
— Woman  Kiiirrage  in  United  States  and  elsi'xv  here. 

PART  I.— C!HAP.  IV. 

MARRIAGE    LAWS. 

Alabama. — The  State  recjuires  a  mairiage  license.  INIales  of 
the  full  age  of  21  years,  aud  females  18  years  of  age  can  lawfully 
enter  the  marriage  contract  without  consent  of  parents  or  guard- 
ians ;  ministers  of  the  gospel,  justices  of  the  peace,  notaries  of 
public,  judges  and  justices  of  the  courts,  are  authorized  to  solemnize 
marriage. 

Living  as  Man  and  Wife  does  not  constitute  a  marriage,  rec- 
ognized in  any  manner  by  law. 

Whites  Cannot  Intermarry  with  any  person  having  more  than 
one-half  colored  blood  by  descent. 

Marriage  does  not  Legitimize  all  children  born  in  wedlock ; 
If  mother  is  enceinte  at  marriage,  the  husband  can  or  may  not 
recognize  the  issue ;  supporting  the  child  and  using  his  name  com- 
pletes its  legitimacy  in  the  eyes  of  the  law. 

Persons  Cannot  Mutually  Contract,  except  in  the  i^resence 
of  a  minister  or  other  officer  qualified  to  perform  marriage,  aud  two 
other  witnesses,  without  a  license. 

Registration  of  Deaths,   Births  and   Marriages  shall  be  re- 


180  HEKDY  UEFEltENCE   MANUAL. 

ported  to  tlio  Secretary  of  the  State  Board  of  Health  l)y  phyHiciaiiH, 
midwivcH  and  officers  performing  the  luurriago  cereuiouy,  within  30 
dayH  thereafter. 

FiiisT  CousiNH  can  enter  marriage  in  thib  State,  bnt  certain 
religious  denominations  refuse  according  to  their  church  edicts,  to 
perform  the  marriage. 

Arkansas. — The  State  requires  a  marriage  license ;  the 
County  Clerk  issues  it ;  the  fee  is  !$2,5(). 

AdKS  UK  Cai'AIUMty  :— MuloH  21  and  females  IS  can  enter  the 
marriage  contract,  if  otherwise  capable,  without  consent  uf  their 
parents  or  guardians.  Males  17  and  females  14  with  the  consent  of 
the  father  of  either  contracting  party,  at  time  of  obtaining  the 
license,  are  privileged. 

Who  can  Solemnizk  : — Alarriagos  can  be  performed  by  all  minis- 
ters of  the  gospel;  judges  of  all  the  courts,  justices  of  the  peace  and 
the  governor  of  the  State. 

Living  as  Man  and  Wife  has  been  held  by  the  inferior  courts 
as  a  lawful  marriage ;  but  is  regarded  as  (questionable  Jaw. 

Whites  aue  not  Pkoiiiiuteu  to  marry  Indians,  but  the  mar 
riages  of  whites  with  negroes  are  void  by  the  statutes  of  the  State 
it  is  regarded  by  experienced  lawyers  as  unconstitutional. 

REGisTKvnoN: — All  marriages  must  by  a  certificate  of  Mie  ottici- 
ating  minister  and  the  license  be  recorded  with  the  Coi>  Clerk 
within  sixty  days  thereafter. 

iMauuiaue  LEdiTniizES  all  childrcsn  born  in  wedlock  or  otherwise 
as  set  forth  in  the  statutes  as  follows  :  •'  Sec.  2525. — If  a  man  have 
by  a  woman  a  child  or  children  and  afterward  shall  intermarry  with 
her,  and  shall  recognize  such  children  to  be  his  offspring,  they  shall 
be  deemed  and  considered  as  legitimate. 

FiusT  Cousins  cannot  intermarry. 

Arizona. — A  marriage  license  is  recpiired  ;  males  18  and 
females  16  can  enter  marriage  vows,  when  the  female  obtains  the 
consent  of  her  parents  or  guardian ;  under  these  ages  both  recjuire 
consent. 


MARRIAOF,   lAWfl. 


181 


TuK  Law.s  of  Ai,.vi!.vm\  ill  other  rospects  are  followed,  except 
that  whites  are  prohibited  to  iutoriuarry  with  Moiigoliaus. 

California.— A  raarriage  liceuse  is  required  ;  the  clerk  of  the 
County  Court  iHsues  it ;  the  fee  is  $2.50. 

AfJE  OP  Consent  :— Maloa  must  be  18  and  females  15  years  of 
ago,  and  not  prohibited  by  relationship.  Without  consent :  male 
21,  female  18. 

Who  can  Solemnize  :\rARuiA(iES :— All  ministers  of  the  gospel 
and  every  recognized  rehgious  body  according  to  their  creeds,  viz:— 
R:ibl)ic:^,  QnalvOVH  and  Friends;  justices  of  the  peace;  judges  of 
the  diilercnt  Courts  of  Record. 

Mariuaok  a  Civn,  Contract:— Where  marriage  by  mutual 
agreement,  apart  from  adulte,\,  or  compulsions  arising  therefrom, 
and  assumption  of  martial  rights  and  obligations  :  the  laws  of  Cali- 
fornia regard  it  as  full  and  suflUcieut. 

First  Cousins  and  intermarriage  with  Mongolians  are  prohib- 
ited. 

Registration  :— All  marriages  must  be  recorded  within  thirty 
days  thereafter  with  clerk  of  County  Court. 

Colorado.— A  marriage  license  is  required  the  same  as  in  Cal- 
ifornia. 

Aoe  of  Consent  :— ^Males  14  years  of  age  and  females  12  years 
of  age,  with  the  coiisciut.  of  lather  of  botli  contracting  parties,  or  the 
mothers  as  the  case  may  be.  Without  consent  of  parents :  males 
21,  females  18. 

Intermarriage  of  races  is  forbidden,  if  ihe  blood  by  descent 
is  more  than  half  Indian,  Mongolian  or  negro. 

Connecticut :— Marriage  licenses  are  required ;  the  County 
Clerk  issues  them,  the  fi'e  is  $1. 

Ages  ok  Consent.— Males  14,  females  12 ;  no  license  can  be  ob- 
tained without  the  personal  application  of  the  male  conjointly  with 
•   his  father  or  prospective  father-in-law.     Without  consent,  male  21, 
and  female  21  years  of  age. 


182  READY   UEFEIIENCE   MANUAL. 

Voin  Marhiaokh  : — All  iiiftrriugoH  soUiimiizfid  between  persons  of 
closor  than  coiisinH  of  second  dugioo  by  blood  or  fhst  def,'ree  by 
marriage  law  ;  insane  and  idiotic  persons ;  under  lawful  age ;  iDy 
force,  and  bigamy. 

MAniiiAfiE  Leoamzkb  all  children  born  in  wedlock. 

LivrNa  TociETiiiiu  ah  Man  and  Wife  does  not  constitute  a  law- 
ful marriage. 

Makuia(ies  by  Mutual  Agreement  are  not  recognized  by  law ; 
the  coroniony  niUHt  be  performed  by  a  duly  authorized  minister  of 
the  gospel  or  oth(!r  authorized  person  by  his  society  or  body ;  a 
miigistrato,  judge  or  suporinUiudant  of  some  public  benevolent  in- 
stitution.    I'crsons  living  in  fornication  are  liable  to  prosecution. 

Dakota. — A  marriage  license  is  not  re(|uired.  Any  male  of 
the  age  of  18  years  and  female  of  15  years,  having  no  natural  or 
other  discjualification,  are  capable  of  consenting  to  and  consummat- 
ing marriage.  The  marriage  may  be  solemnized  by  either  a  justice 
of  the  peace,  judge  of  the  Probate  Court  or  Supreme  Court,  mayor, 
a  minister  of  the  gospel,  or  priest,  of  any  denomination  ;  and  in  case 
of  Indians,  by  the  peace-makers,  their  agents  or  suiierintendents  of 
Indian  affairs.  Indians  living  as  husband  and  wife,  are,  according  to 
Jndian  customs  of  the  chiefs,  regarded  as  married.  All  marriages 
contracted  without  the  Territorj'  and  valid  wliere  made,  are  good 
here.  All  children  born  in  wedlock  are  presumed  to  be  legitimate  ; 
a  child  born  of  the  same  parents  before  wedlock,  becomes  legitimate 
by  the  siibsccjuent  marriage  of  the  parents.  A  joint  declaration  of 
marriage  by  either  a  written  agreement  or  substantial  witnesses  to 
<he  same,  without  any  olliciating  person,  is  valid.  The  person  sol- 
emnizing a  marriage,  must  furnish  either  party  on  recpiest,  a  certifi- 
cate sj)ecifying  as  follows : — 

1.  The  names  and  places  of  residences  of  the  parties  married- 

2.  That  they  were  known  to  him,  or  were  satisfactorily  proved 
to  him  by  the  oath  of  a  person  known  to  him,  to  be  the  persons  de- 
scribed. 

3.  That  he  had  ascertained  that  they  were  of  sufficient  age. 

4.  The  names  and  places  of  residences  of  the  attesting  wit- 
nesses. 


MAUHIAdF,    I-AWS.  183 

6.     Tiie  time  aud  plucu  of  timiria^c. 

6.  That  lifter  due  iiKjiiirj',  tlu;ro  appeared  to  l)e  no  Inwfiil 
iiiipedimeiit. 

This  certificftto  may,  within  six  montliH  after  the  niarrinf^e,  be 
filed  witli  tlie  clerk  of  the  city  or  town  where  the  niurriage  was  hoI- 
ernuized  ;  or  whore  either  parties  reside  :  or  the  regiHtrar  of  deedH  of 
such  county:  and  wlien  thus  fikd,  niUHt  l>o  entered  in  a  book  to  be 
provided  by  such  oflice,  in  alphabetical  order  of  the  name  of  each 
[larty,  and  in  the  order  of  time  of  tiling ;  this  entry  niUHt  Hpecify  the 
name  and  place  of  rcHidence  of  each  party  :  the  time  and  j)laco  of 
marriage;  the  name  and  oilicial  .station  of  the  person  signing  the 
certificate,  and  the  time  of  tiling. 

A  certificate  is  signed  by  a  minister  or  priest,  there  must  be  en- 
dorsed or  annexed  before  filing,  a  certificate  of  a  magistrate  residing 
in  the  same  county  with  the  clerk  that  the  person  by  whom  it  is 
signed,  is  personally  known  to  such  magistrate  and  has  acknowl- 
edged the  execution  of  the  certificate  in  his  i)reaence,  or  that  the  ex- 
ecution of  the  certificate  by  a  minister  or  priest  of  some  religious 
douoiiiination  has  been  provt^d  to  the  magistrate  by  the  f)ath  of  a 
person  known  to  him  and  who  saw  the  certificate  executcul. 

15y  an  act  approved  INIarch  I'-i,  ISK;!,  laws  of  Dakota, 
(^haitter  l;{7,  page  204,  sec.  3,  it  is  made  the  duty  of  the  coroner  to 
obtain  statistics  of  the  number  of  deaths,  the  ages  and  nativity  of 
deceased,  and  cause  of  death  ;  also  the  births  and  maniages  each 
year;  the  registration  of  these  is  impel ative  within  IH  days. 

Delawaro. — ^^ar^iage  licicnses  are  rciiuiied  ;  the  clerk  of  the 
county  and  city  courts  issue  tlieni. 

AoEs  oi'  Consent  : — The  common  law  regulates  the  age  if  an 
objection  arises  to  the  age  of  a  male;  the  female  cannot  be  under 
12  years  of  age  ;  parents  consenting  to  the  marriage  of  a  female 
under  this  age  are  liable  to  severe  penalties  under  criminal  proced- 
ure. Males  are  of  full  age  at  21,  and  females  at  18,  and  conse 
quently  can  do  all  lawful  acts  of  their  own  free  will. 

M\UHi\GE  WITH  Nkouoes  and  mulattos  is  prohibited ;  the 
statute  is  silent  upon  the  marriage  of  Indians  and  Mongolians. 
The  prohibition  in  this  respect  is  regarded  as  unconstitutional. 


184  READY   REFERENCE  MANUAL. 

Makhiaue  Leqitimizes  all  children  buru  under  marriage,  but 
children  born  of  the  same  parents  before  marriage,  are  illigitimate. 

Living  as  Man  and  Wife  or  mutual  agreement  marriages  are  in 
any  manner  illegal ;  marriage  is  regarded  as  a  status  relation  made 
sacred  by  divine  ordinances. 

Marriages  must  be  recorded  by  a  certificate  of  the  oflBciating 
person,  along  with  the  license,  with  the  recorder  of  deeds,  within 
three  months. 

Who  can  Solemnize: — Ministers  ordained  or  authorized  by 
their  church  ordinances  or  society  customs,  and  the  mayor  of  the 
city  of  Wilmington. 

Georgia. — Marriage  licenses  are  required  bj'  the  State ;  the 
ordinary  or  his  deputy  issues  them  ;  the  fee  is  .fl.75. 

Ages  of  Consent  : — Males  17,  females  14,  if  not  otherwise  pro- 
hibited. 

Officers  Authorized  to  Solemnize,  are  ministers  ordained  by 
any  body,  or  denomination  recognized  by  the  people  as  a  religious 
society;  justices  of  the  peace;  judges  of  the  State  and  United 
States  Courts. 

Registration  must  be  immediately  made  by  filing  a  certificate 
from  the  oflBciating  person  along  with  the  marriage  license. 

Lawful  Ages  of  males  21,  females  18,  after  full  age  if  no  other 
hinderance  by  being  closer  relationship  than  cousins  of  second  de- 
gree, insane,  under  age  of  consent,  physically  incompetent,  white 
with  a  negro  of  more  than  half  blood,  force,  fraud,  bigamy  or 
otherwise,  they  are  free  from  restraint. 

Marriage  by  banns,  and  by  the  rules  of  Quakers  is  recognized; 
living  as  husband  and  wife  is  not  ;  marriage  by  mutual  agreement 
in  presence  of  witnesses  does  not  constitute  a  legal  marriage. 

Marriage  Legitimizes  all  children  born  of  the  same  pai*ents  be- 
fore wedlock  and  after.  Children  or  a  child  born  before  marriage 
must  take  the  fathers  name  and  be  recognized  by  baptism  and  sup- 
port as  the  child  or  children  of  the  father. 

Marriage  is  a  Civil  Contract,  but  ranks  under  divine  law  as 
well  as  the  state  law. 


MARniAOE  LAWS.  185 

Florida. — Marriage  licenses  are  required  under  the  laws  of 
the  state. 

Ages  of  Consent  : — Males  14,  females  12  ;  both  of  tbe  contract- 
ing parties  must  have  their  father's  consent  to  and  a  joint  application 
(of  at  least  one  of  them)  in  obtaining  tbe  license.  Without  consent 
both  must  be  21  years  of  age. 

Voidable  jNlARniAGEs:— All  persons  within  the  Lnvitical  degrees 
bigamous  or  negro  blood  ;  all  these  are  prohibited  under  the  mar- 
riage license  code. 

Living  AS  Man  and  Wife  does  not  bj'  limitation  of  time  or  com- 
mon assumption  of  marital  relations,  legalize  apart  from  the  re- 
(piirements  of  tbe  status  of  church  and  state  laws,  a  marriage.  It  is 
fornication  and  living  in  adultery,  and  every  child  born  under  such 
relations  is  deemed  to  be  illegitimate  in  heirship  claims.  (See 
Wills.) 

Illinois. — A  marriage  license  is  rcquiied.  except  where  the  in- 
tention of  the  parties  as  hereinafter  provided,  is  by  the  discipline  of 
their  society  or  denomination  published  in  the  forms  of  their  society. 

The  Clerk  of  Each  County  is  the  person  who  issues  them  ; 
the  fee  is  $1.  For  issuing  them  contrary  to  the  law,  he  makes  him- 
self liable  to  a  fine  of  $300  for  each  ott'ense. 

Males  18  Yeaks  of  Aoe  and  ujiwards  to  21  ;  females  14  years 
and  upwards  to  18;  must  have  the  consent  of  their  father,  ( if  living 
and  capable  )  if  not  living  or  capable,  then  the  mother  or  the  guar- 
dian, as  the  case  may  be,  of  either,  before  a  license  can  be  procured. 

Who  are  Qualified  to  Solemnize  Mahriaoes: — All  ministers' 
priests,  elders,  bishojis,  deacons  of  every  denomination,  if  by  the 
government  of  their  body  authorized  ;  every  justice  of  the  peace 
and  judge  of  any  court  of  record;  superintendent  of  any  public 
institution  for  the  education  of  deaf  and  dumb  in  this  State ;  per- 
sons known  as  members  of  the  society  of  (Quakers  or  Friends,  may 
lawfully  marry  by  having  the  parties  declare  their  intentions  to  a 
standing  committee  of  an  official  meeting,  at  least  one  week  before, 
and  appearing  in  public  or  private  gathering  before  official  witness, 
es  of  said  body,  with  a  certificate  duly  setting  forth  the  names  and 

18 


186  READY  REFERENCE  MANUAL. 

residences  of  eacb  contracting  party,  and  of  the  parents  of  each,  if 
living,  which  said  certificate  shall  be  signed  by  the  parties  and  the 
official  witnesses,  and  shall  be  publicly  read  by  one  of  the  witness- 
ing parties  and  afterwards  recorded  on  the  records  of  an  organized 
meeting  of  said  society. 

Marriage  Legalizes  all  children  born  in  wedlock,  and  the  "Bas- 
tardy Act"  provides  as  follows:  —  "If  mother  of  bastard  child,  and 
reputed  father,  shall  at  any  time  after  its  birth  intermarry,  the  child 
shall  in  all  respects  be  deemed  and  held  legitimate."  Whites  are 
not  restricted  from  marriage  with  blacks. 

Registration,  by  the  party  performing  marriage  ceremony,  by  a 
certificate,  must  be  filed  with  the  license  (if  a  license  lias  been  used) 
with  the  county  clerk  in  the  county  wherein  the  marriage  was  cele- 
brated. 

Living  Together  as  Husband  and  Wife  does  not  constitute  a 
marriage;  but  if  their  was  such  an  agreement  consummated  in  writing 
entered  into,  at  common  law  it  would  be  held  valid.  Marriage  is  a 
civil  contract  in  Illinois. 

Marriage  Between  Degrees  prohibited  by  law  (Cousins  of  first 
degree  included)  are  void. 

Indiana. — Males  18  years  of  age  and  females  IG  years,  can 
lawfully  enter  the  marriage  contract,  but  cannot  obtain  a  license 
without  the  consent  of  parents  or  guardians.  If  either  party  has 
one-eighth  more  than  half  colored  blood,  such  person  cannot  marry 
a  white.  Judges  of  courts  of  record,  justices  of  the  peace,  and 
ministers  of  the  gospel,  and  priests  of  all  denominations,  can  solem- 
nize marriages.  Licenses  must  be  obtained  from  the  clerk  of  the 
Circuit  Court  (except  members  of  the  Society  of  Friends)  of  the 
county  in  which  the  female  resides.  Males  under  21  and  females 
under  18  cannot  without  consent  of  parents  or  guardians  secure  a 
license,  except  if  the  female  has  no  parents  or  guardians  within  the 
state,  and  has  been  a  resident  of  the  county  for  one  month  previous 
and  is  over  the  age  of  16.  If  a  female  is  pregnant  at  time  of  mar- 
riage, the  marriage  legitimizes  the  offspring.  All  marriages  must 
be  recorded  with  the  certificate  of  the  person  solemnizing  it,  and  the 
license  with  the  clerk  of  the  Circuit  Court  within  three  months 
thereafter.     A  penalty  of  a  fine  of  $500  can  be  imijosed  l)y  law  for 


MARRIAGE   LAWS.  187 

unlawfully  Bolemuiziiig  any  niarriapfe.  A  fine  of  $20  can  be  itni)OHe(l 
upon  the  clerk  for  issuing  a  license  conti'ary  to  the  provisions  of  the 
statute. 

Iowa. — Males  of  the  age  of  16  years  and  females  14,  can  enter 
marriage,  but  cannot  obtain  a  marriage  license  without  the  consent 
of  parents  or  guardians  until  they  arrive  at  their  lawful  majority. 
Licienses  must  be  obtained  from  the  clerk  of  the  County  Court. 
All  ministers  and  priests  ordained  as  such  in  their  form  of  denom- 
ination, mayors,  justic^esof  the  peace,  and  judges  of  all  the  courts 
can  perform  the  marriage  ceremony.  Living  together  as  man  and 
wife,  constitutes  a  marriage.  Voluntary  agi'eement  to  join  in  mar- 
riage in  the  presence  of  witnesses  is  recognized  as  legal.  Marriages 
must  be  recorded  within  three  months. 

Idaho. — No  marriage  license  required  ;  the  custom  is  to  file  a 
notice  in  the  county  or  city  recorder's  office  one  week  previous, 
and  obtain  a  certificate  from  such  city  or  county  clerk  of  such 
notice ;  this  takes  the  place  of  a  license. 

Ages  of  Consent: — Male  18,  female  IG.  The  same  ages  without 
consent. 

Prohibited  Deouees. — Same  as  Alabama  and  also  in  other  re- 
spects. 

Kansas. — A  marriage  license  is  required  by  this  State.  Age 
of  parlies  are  not  specially  fixed  by  statute  for  matrimonial  pur- 
poses. Probate  judges,  however,  are  accustomed  to  require  consent 
of  parent  or  guardian  in  case  of  minors,  before  granting  a  license. 

Who  can  Solemnize  Marhiaoes: — Any  judge,  justice  of  the  peace 
or  licensed  preacher  of  the  gospel ;  forms  of  marriage  common 
among  Friends  and  Quakers  ;  being  called  three  times  in  banns,  by 
the  Roman  Catholic  church,  arc  also  valid. 

Living  Tooether  as  Husband  and  Wife  openly  in  co  habition 
and  repute,  is  not  provided  for  by  statute;  it  has  been  sustained  by 
the  courts  as  legal  maiTiage. 

Marriage  Legitimizes  all  children  born  thereafter,  during  wed- 
lock. 


188  READY   REFERENCE  MANUAL. 

MuTDAL  Agreements  in  inarriages  before  witnesseB  or  in  writ 
ing,  are  not  provided  for  by  statute,  but  have  been  recognized  by 
the  courts  as  legal. 

REfiiHTRATioN  Lawb  are  a  perfect  nullity  ;  there  is  a  board  called 
the  State  Board  of  Health,  whoso  duty  it  is  to  see  that  the  registra- 
tions of  births,  deaths  and  marriages  are  made,  but  as  there  is  no 
penalty  attached  and  the  present  legislature  has  refused  to  amend 
the  laws  and  to  make  a  grant  for  its  maintenance,  it  is  about  obso- 
lete. 

The  Mariuaoe  of  First  Cousins  is  forbidden  by  law.  Mar- 
riages between  whites  and  blacks  are  lawful. 

Kentucky. — Marriage  licenses  are  required.  No  male  or 
female  can  be  capable  of  entering  into  wedlock,  and  participate  in 
marital  relations,  unless  they  are  21  years  of  age  and  have  obtained 
a  marriage  license  from  the  clerk  of  the  county  court  wherein  their 
marriage  was  solemnized,  except  and  provided  that  they  are  of  the 
age  of  consent,  namely,  male  14  and  female  12,  and  that  the  father 
of  the  female,  or  if  he  is  incapable,  then  the  mother  or  guardian, 
shall  join  in  the  application  for  such  license  and  be  present  at  the 
marriage  ceremony. 

Prohibited  Degrees: — Ancestors,  decendants,  brothers,  sisters, 
nephews,  nieces. 

Voidable  Marriages: — All  bigamous,  insane,  idiotic,  and  mar- 
riages to  negroes. 

LiviN(4  as  Man  and  Wife  does  not  constitute  a  civil  marriage 
between  them  and  the  public,  but  at  law  and  in  property  they  par- 
take of  a  legal  status,  by  implication.  IVIarriages  must  be  recorded 
within  90  days  thereafter. 

IiOuisiana. — The  laws  of  the  state  require  a  license.  Males 
of  14  and  up  to  21,  and  females  of  12  and  up  to  18,  can  marry  only 
with  their  parents'  or  guardian's  consent  in  obtaining  the  license. 

Ordainkd  Ministers  and  forms  according  to  any  religious  de- 
nominations, and  magistrates  are  the  only  duly  authorized  and  legal 
forms  of  marriage. 

No  Child  Born  withiH  four  months  after  marriage  is  of  lawful 
birth. 


MAltKIAUE   LAWH.  189 

LiviN<i  AS  Hdsbanu  and  Wike  does  not  couHtitute  a  lawful  niar- 
riuge.  There  ib  ii  penalty  uuder  the  ''oilos  of  the  htato  calk'd 
" Public  Adultry  Act,"  that  puuiuLcH  all  pcisous  living  in  iiou-com- 
pliaucu  with  the  laws. 

No  Mutual  Agiieements  or  vows  outsiilo  of  the  regular  law  of 
marriage  provided  for,  to  bo  procured  through  liceuHe  from  the 
state,  and  solemnized  by  a  duly  authorized  [lersou,  is  valid  in  law. 

Maruiaoe  is  a  Divine  contract  and  cannot  be  celebrated  apiut 
from  the  sacred  ordinances. 

Ueqistuation: — Outside  of  the  city  of  New  Orleans  there  is  no 
registration  uuder  the  laws  of  the  state.  'J'he  church  parishes  are 
always  particular  in  having  them  recorded  in  their  church  records. 

Montana. — There  is  no  marriage  license  exacted  by  the  Ter- 
ritory or  any  particular  form  beyond  the  ceremony  being  performed 
by  a  clergyman,  justice  of  the  peace,  judge  of  probate  court  or  an 
United  States  Circuit  or  District  Judge.  When  marriage  is  per- 
formed a  certificate  is  granted  to  the  parties  and  one  tiled  with  the 
clerk  of  the  court. 

Lawful  Ages  : — Male  21,  female  18.  There  is  no  provision  for 
marriage  under  these  ages. 

PuouiuiTEu  Peusons  are  the  same  as  Alabama,  but  first  cousins 
are  included. 

Missouri. — The  laws  of  the  State  recpiires  a  marriage  license; 
the  clerk  of  the  county  court  issues  them;  the  fee  is  $1. 

Acjifis  THAT  Persons  can  Contract,  males  15  years  and  females 
12  years,  when  the  father  of  either  consents;  without  the  con- 
sent of  parents,  males  21,  females  18. 

Marriauk  cax  UK  SoLKMNi/.Ki)  by  any  judge  of  a  court  of 
record,  justice  of  the  peace,  and  any  licensed  ordained  minister  of 
the  gospel,  or  such  modes  or  by  such  persons,  as  any  acknowledged 
religious  l)ody  authorize  and  prescribe. 

Marriage  will  Leoalize  a  child  born  of  the  same  parents 
before  marriage  or  within  such  period  after  marriage  as  would  de- 
cide its  illegitimacy,  if  the  husband  acknowledges  the  child  as  his 
offspring. 


190  HEADY  BEFERENOE   MANUAL. 

Living  Touether  AsIIusitAND  and  Wife  Valid  witliuiit  CLTfiiiony, 
if  compett'iit  in  other  rcHpects;  this  is  the  decision  laid  down  l)y  the 
Su])L'rior  Court  of  Missouri. 

Mauriaqe  18  A  Civil  Contract  under  the  laws  of  this  State. 

Reoistration  : — Every  niarriuLje  certificate  acconiiianied  with  the 
license,  shall  ho  recorded  within  three  months  after  the  marriage 
having  been  performed. 

No  Penalty  is  provided  for  violation  of  the  laws. 

"Whites  are  Prohidited  from  marrying  blacks;  first  degree  of 
cousins  cannot  intermarry. 

Evidence  of  Marriaob: — (1)  An  ordained  minister  or  priest, 
rabbi,  justice  of  the  peace,  judge  of  State  or  U.  S.  Court's  certifi- 
cate of  marriage;  (2)  A  court  record  of  license;  {ii)  Eye  witnesses 
to  the  marriage;  (4) 'Neighlmrs  and  intimate  friends' testimony  as 
to  their  living  in  common  repute  as  married  and  assuming  full  mar- 
ital relations, 

Mississippi. — I'here  is  a  marriage  license  recpiired  by  the 
laws  of  the  State,  the  same  as  in  Alabama. 

Lawful  aoes  of  CArAmi.iTY: — Males  14,  females  12  can  marry 
by  consent  of  their  parents  in  obtaining  a  license,  and  being  present 
at  the  marriage  celebration,  and  making  no  objection.  Males  being 
21  and  7''ema/es  18  are  of  full  age  and  if  otherwise  not  prohibited, 
can  act  of  their  own  free  will. 

Prohirited  Dkorees  the  same  as  in  Alabama.  Void  marriages 
same  as  California. 

Massachusetts. — Persons  living  together  as  man  and  wife  if 
otherwise  competent  to  enter  marriage,  the  law  regards  it  as  lawful. 
Males  of  the  age  of  16  and  females  of  12  can,  with  consent  of  their 
parents  or  guardians  file  their  intention  with  the  clerks  of  the  town 
or  city  where  the  marriage  is  going  to  be  celebrated  and  lawfully 
marry,  otherwise  they  must  be  of  lawful  age;  all  ministers  of  the 
gospel,  priests  and  rabbis,  justices  of  the  peace  and  mayors  can 
perform  the  marriage  ceremony;  no  license  is  exacted,  but  the  in- 
tention of  the  contracting  parties  to  enter  marriage  must  be  filed 
with  the  town  or  city  clerk  at  least  seven  days  prior  to  the  marriage 


MARHIAOE   LAWS.  191 

being  coiisiimiiiaU'd.  Parties  hy  mutiial  Jigreement  and  filing  of 
thv'ir  intention  as  aforesaid,  without  any  ceremony  can,  if  no  legal 
impediment,  lawfully  contract.  Marriage  of  a  female  in  state  of 
pregnancy,  makes  her  issue  lawful.  Males  are  of  full  age  at  21  and 
females  at  18. 

Maine. — All  ministers  of  the  gospel,  priests  and  otlier  persons 
holding  licenses  from  the  government,  can  lawfully  solemnize  mar- 
riage; males  14  and  females  12  years  of  age  are  capable  to  enter 
marriage;  the  parties  must  file  five  days  previous  to  marriage,  a 
notice  of  their  intention  with  the  clerk  of  the  village,  town  or  city, 
and  obtain  from  him  a  certificate  of  same,  wliich  must  be  presented 
to  the  person  ofticiating  at  the  marriage;  the  person  performing  the 
marriage  must  record  the  same  with  the  clerk  as  aforesaid  by  the 
15th  of  the  succeeding  month.  The  marriage  of  a  female  in  preg- 
nancy, and  known  to  the  liusband,  legalizes  the  child.  Marriages 
by  mutual  agreeiuent  are  uidawful.  Persons  living  together  with- 
out some  form  of  marriage  are  liable  to  be  punished  by  law  as  a 
State's  offence. 

Michigan. — JMiU-riage  license  is  required;  age  of  consent  of  a 
male  18,  a  female  16  ;  no  license  can  be  obtained  apart  from  the 
con.sent  of  a  father  if  living  and  capable  or  a  guardian  or  mother 
of  the  female  at  this  age  or  under  full  age.  Full  age  of  male  2\ 
female  18. 

Every  Ohdained  jMinisteu,  magistrate,  judge  and  justice  of 
the  State  and  U.  S.  Courts,  can  solemnize  marriages. 

Living  as  Man  and  Wife  or  mutual  agreements  without  cere- 
mony, are  not  recognized  by  law,  but  the  courts  would  hold  a  civil 
contract  made  by  them  binding,  under  such  evidence  of  living  and 
co-habiting  as  husband  and  wife. 

MakuiXge  Within  the  PBoniiiiTEU  Deguees  of  the  Episcopal 
church  are  held  to  be  void;  marriage  of  a  bigamist  is  punishable  by 
life  servitude  in  State's  prison.  Marriage  legitimizes  all  children 
born  under  wedlock. 

Maryland. — Marriage  licenses  must  be  procured  unless  the 
names  of  the  parties  intending  to  be  married  shall  be  thrice  pub- 


192  *  HEADY  UEFEICKNCE  MANUAL. 

I'lHlird  ill  some  cliurcli  in  the  ciMiiity  wliciv  thu  wuiiiiiii  ri'sidi-s,  on 
tlii't'f  si'Vi'ial  SuinliiyH  profCMliiiij;  .said  iiiariiagt',  or  uiiIuks  thvy  iiiai- 
ry  according  to  thu  rites  of  tlie  Society  of  QiiakerH. — Code  Ib7w, 
Art.  61,  Sec.  6. 

I>v  Whom  Iksukd: — In  lialtiniore  City  the  license  is  issued  by  the 
cK'rk  of  (Joininon  I'leas;  in  tlie  State  outside  of  Baltimore,  Ity  the 
clerk  of  the  Circuit  Court  of  tlie  county  in  which  the  woman  rc- 
siik's.     The  fee  is  Jjil. — Code  1H7!^,  Art.  51,  Sec.  7,  amended  by  act 

of   IHHH. 

A«Ks  oi'  Cai-aihiitv  : — A  male  Itetween  21  and  14  years  of  age 
or  a  femalq  between  10  and  I'J,  can  marry  with  such  consent  as  the 
issuer  of  the  marriage  license  reijuires,  from  the  parents  of  either, 
or  guardians,  as  the  case  may  be;  over  this  age  they  reciuire  no  con- 
sent.—Code  1H7N,  Art.  7-2,  See.  111. 

MiNisTKUS  OK  TiiK  (4o8i'iii,  OuDAiNEU  Call  oiily  solemiii/.c  mar- 
riages, apart  fn^iii  the  (Quaker  customs. 

TiiK  ^Iauiuagk  oi-  a  Whitk  and  Black  aue  I'uommTKLj  an 
Indian  and  a  white  may  marry. 

All  Chilorkn  ok  Any  Child  born  in  wedlock  are  in  the  eyes 
of  the  law  legitimate. 

Living  as  IIushand  anu  AVike  does  not  constitute  a  lawful 
marriage;  a  ceremony  is  necessary. — ;{5  Md.,  361. 

Penalties  irNi)Eu;ritE  Statutes  : — Unlawfully  j)erformiiig  a 
marriage  between  parties  within  the  degree  (ancestors,  descendants, 
Itrothers,  sisters,  nephews,  nieces),  are  liable  to  a  fine  of  |500  each, 
and  the  minister  in  like  amount.  Marrying  without  a  license  or 
publication  of  banns,  $100  each,  and  minister  $100.  Marrying  a 
white  and  a  black,  the  minister  $100  tine.  For  marrying  men  under 
21  or  women  under  10  without  sealed  assent  of  jiarents  or  guardi- 
ans, minister  liable  to  a  fine  of  $1500.  Any  unauthorized  person 
celebrating  marriage  can  be  fined  $500. — See  Code  187H,  Art.  72, 
Sees.  3  to  103  inclusive. 

Minnesota. — Marriage  license  is  re<iuired. 

Lawi'ul  Aoe  of  Consent  : — Male  18,  female  16.  Without  con- 
sent— male  21,  female  18. 


MAUIllAUE   LAW8.  193 

Samk  ah  MiHHouKi,  I'xcept  that  living  toj^ethiT  :ih  niiiii  ami  wife 
dooH  not  constitute  a  marriage  in  law. 

PitoiiimTEi)  Deokeks  : — Tiie  Haine  aH  Alaliania,  l»ut  that  void 
marriages  does  not  include  negroes,  but  pruhibitH  tlie  marriage  of 
first  degree  couHins. 

New  Jersey.— There  is  no  license  rcfjuired  in  tliis  State. 
Mali's  and  females  of  lull  majority  (•_'!  and  IS)  witli(»ut  any 
consent,  are  capable  of  marriage,  if  not  otherwise  unfit;  marriages  of 
females  not  older  than  1*J  and  males  IH,  must  obtain  the  consent 
and  be  married  in  the  presence  of  the  parents  or  guardians  of 
either. 

Who  Can  Solemnize: — Judges  of  any  court  of  common  pleas; 
justices  of  the  jteace;  mayor  of  a  city,  and  every  stated  and  or- 
daiiu'd  minister  and  priest,  and  every  religious  society  according  to 
the  rules  of  such  society. 

Whites  and  Blacics  can  intermarry  as  lawfully  as  others. 

All  Children  born  in  wedlock  are  legitimate. 

No  Penalty  for  improper  persons  attempting  to  perform  the 
marriage  ceremony;  the  marriage  is  8imi>ly  void. 

LiviNo  AS  Husband  and  Wife  constitutes  lawful  marriage  when 
they  by  re])eated  acknowledgments  of  marital  relations  to  the  world 
admit  of  their  conjugality. 

Makriaoe  is  a  Civil  Contract,  which  may  be  entered  into  only 
by  the  persons,  to- wit: 

1.  Must  be  willing  to  contract. 

2.  Must  be  free  from  previous  marriage,  by  death  or  divorce- 
ment of  previous  husband  or  wife  (as  the  case  may  be). 

;j.  Must  not  be  related  by  blood  or  marriage  witliin  certain 
degrees  (such  as  first  cousins). 

4.  Must  be  sane  and  within  the  ages  and  under  tlie  regula- 
tions hereinbefore  mentioned. 

Clergymen  or  Others  solemnizing  marriages  between  parties 
that  are  under  age,  without  consent  of  and  in  the  presence  of  pa- 
rents or  guardians,  as  mentioned  in  the  first  paragraph,  are  liable 
to  a  fine  of  $300. 


194  HEADY   UKFEUENCE   MANUAL. 

New  Hampshire. — Tin-  State  n.-ijuiri'H  a  licensf,  iiixl  the 
<-l('rk  of  till"  Cuiuity  C(»urt  isHUCH  the  Kauu';  the  fee  i.s  ♦L.'iO. 

Lawfdi-  Aoes  ok  C'onbknt. — Malt'H  14,  fcinah'H  12.  Withnut  coii- 
Huiit — maleH  21,  fcinak'B  18. 

M1NI8TEKS  OK  THE  GoHi'Ei.,  juKticcH  of  tlu'  jicacc,  aiuT  every  judj^e 
of  the  United  States  Court  and  tlie  State  CuurtH,  can  8uleiiini/e 
marriages, 

LiviN(i  AH  HtJHiiAM  AND  WiKE  to  tile  World,  Constitutes  a  riglit 
of  coniinunity  at  civil  law,  hut  otherwise  illegal. 

Ali,  Children  born  in  wedlock  are  regard.ed  as  lawful  in  heir- 
Hhip  clainiH. 

New  York. — The  state  exacts  no  license. 

Every  Mai-e,  not  proliibited  hy  other  disability,  of  is  years 
of  age,  and  every  female  of  10  years  can  without  consent  of  par- 
ents or  guardians,  enter  the  marriage  contract. 

IMauiuaoe  is  a  Civil  Contract  and  any  stipulated  ceremony 
is  not  prescribed  by  law  to  constitute  a  legal  marriage;  the  simple 
consent  and  taking  each  other  for  husband  and  wife  in  the  pres- 
ence of  witnesses  and  registering  the  same  with  the  town  clerk  or 
local  board  of  health,  is  sulhcient.  TAviiiy  as  inttii  and  wi/e  and 
holding  out  to  the  world  as  such,  constitutes  a  lawful  marriage. 
77ie  law  does  not  restrict  the  age  of  either  in  cases  recpiiring  the 
consent  of  the  parents  or  guardians. 

Maukiagks  may  he  Solemnized  by  the  following,  for  better 
registration,  but  not  any. more  legal: — Ministers  of  the  gospel  of 
any  denomination;  priests  and  rabbis;  justices  of  the  peace;  may- 
ors, recorders  and  aldermen  of  cities;  judges  of  all  the  courts,  and 
justices  of  all  superior  courts. 

WinTE.s  ARE  NOT  PuoiiiKiTEi)  ill  luaniage  with  Indians,  Mon- 
golians or  blacks.  Degrees  prohibited  are:  Ancestors^  descen- 
dants, brothers  and  sisters. 

Mauiuaue  uxdkr  Wedlock  does  not  always  legitimize  every 
child  or  the  children  born  therein;  unnatural  births  by  law,  are  a 
question  for  medical  testimony'-  to  prove  to  the  satisfaction  of  the 
court,  along   with  evidence  of  the  time  of  marriage.     Any  child 


MAUIIIAOE   LAWS.  195 

liorii  out  (»1  wt'dlork  is  ilK-<;itiiitato,  ami  ii<i  act  of  tin-  fallu  r  or 
iiiotliiT  «;aii  r»'<;aiii  its  rii^lits  of  lawful  licirship,  if  a  <iui'stioii  of 
property  i«  involvetl. 

North  Oarolina. — A  marriage  licnse  is  re(piiri'«l;  the  aj^cs 
of  consent,  male  Iti,  female  14;  without  c<<nHent,  male  L' I,  female 
21. 

Void  MAuniAciKS: — Prohihited  degrees,  ])igamoiis,  under  ag«' 
of  consent,  insane  when  married,  physically  incompetent,  white 
with  Indian  and  negru  with  In<lian. 

MAKKiA<iK  legitimizes  all  children  horn  under  wedlock,  and 
every  child  of  the  same  father  and  motlu'r,  and  acknowledged  as 
such  by  bearing  the  father's  name  and  being  supported  by  him,  af- 
ter marriage  of  the  same  i)ersons. 

Ministers,  Piuksts  and  all  ordained  or  authorized  teachers  or 
jtersoiiH  belonging  to  any  religious  body  or  society,  according  to 
their  usages,  can  solemnize  marriages.  .lustict's  of  the  peace  can 
by  commission,  judges  of  the  courts  can  without  commission,  by 
virtue  of  their  office. 

Ohio. — The  State  exacts  a  marriage  license;  it  is  issued  by  the 
probate  judge;  the  fee  is  75  cents.  The  publication  of  banns  three 
times  in  the  Roman  Catholic  church  is  cfpiivaleiit  to  a  marriage 
license. 

Officials  who  cax  Solemnize  marriages,  are  :•  Priests, 
preachers  and  justices  of  the  peace. 

Lawful  Ages  of  capability  of  males  are  L'l,  an<l  females,  is; 
when  licenses  are  obtained  by  the  approval  and  (tonsent  of  the 
parents  or  guardians,  males  18,  females  IG.  First  «tousins  are  un- 
(]ualitied  by  statute  to  join  in  marriage. 

Whites  and  Blacks  can  unite  in  marriage,  if  not  otherwise 
disipialitied. 

Makuiage  is  a  civil  contract  under  the  laws  of  this  common- 
wealth. 

Living  as  Man  and  Wife  constitutes  a  h'gal  marriage.  The 
law  recognizes  all  children  born  under  wedlock  as  lawful. 


lUO  UEADY   llEFEUENCE  MANUAL. 

Rk(;istuati(»n  of  all  Mi.arriages  by  the  persons  sok'iiiniziiiLj 
tlieni  must  be  witliiii  three  months  roconled  with  the  elerk  of  the 
probate. 

A  PjiNAi/i'Y  of  $5U0  line  can  be  imposed  upon  any  person  sol- 
emnizing marriages  contrary  to  the  statutes. 

Oregon. — Marriage  license  is  recjuired  by  the  State  laws. 
JNIales  at  tlie  age  of  IS,  and  females  at  15,  may  with  consent  enter 
the  marriage  contract.  Without  consent,  males  at  the  age  of  2\, 
ami  feniaLs  at  18. 

iMAUKiA(iKS  between  whites  and  Mongolians  are  void. 

Living  TociKriiicu  as  Man  and  Wii-k  is  illegal  aiid  in  no  way 
recognized  in  civil  or  other  claims  allected  by  the  same. 

Pennsylvania. — The  legality  of  the  proposed  marriage 
must  be  verified  by  oath  of  one  or  both  contracting  parties,  before 
the  clerk  of  the  court,  or  before  any  magistrate,  alderman,  or  jus- 
tice of  the  peace  of  the  township,  ward  or  county  wherein  either  of 
the  contracting  parties  resides  and  in  the  county  where  the  license 
is  desired;  said  last  named  otlicer  is  authorized  to  inquire  of  the 
parties  touching  the  legality  of  their  contem})lated  marriage,  and 
the  inquiries  and  answers  to  be  subscribed  and  sworn  to  by  the 
parties  before  such  officer,  m.ay  be  forwarded  to  the  clerk  of  the 
court  who  if  satisfied  that  the  same  is  genuine  and  that  no  legal 
objection  exists  shall  grant  a  license;  if  any  of  the  persons  intend- 
ing to  marry  shall  be  under  twenty-one  years  of  age,  the  consent  of 
their  parents  or  guardians  shall  be  personally  given  before  said 
clerk,  or  a  certified  permit  under  the  hand  of  such  parent  or  guar- 
dian, attested  by  two  adult  witnesses,  and  the  signature  of  such 
parent  or  guardian  shall  be  acknowledged  before  a  notary  public, 
or  other  officer  competent  under  the  law  to  receive  acknowledg- 
ments, which  certificate  and  oath  shall  be  filed  on  record  in  said 
office  and  entry  of  same  shall  be  made  on  the  marriage  license 
docket  as  part  of  the  record  of  the  issuing  of  said  license. 

Rhode  Island. — Any  ordained  minister  or  elder  of  any  de- 
nomination, who  shall  be  domiciled  in  this  State,  and  either  justice 
of  the  Supreme  Court,  may  join  persons  in  marriage  in  a  town  in 


MARRIAGE   LAWS,  107 

the  State.  (It  will  be  noted  that  clcrcfymen  are  confined  to  their 
own  state,  and  that  clergymen,  not  residents,  cannot  solemnize  mar- 
riages.) 

Wakdkns  can  only  in  the  town  of  New  Shorehani  solemnize 
marriages;  they  cannot  elsewhere  in  the  State. 

IMlst  Puovidk  a  Ceutii'icatk.  Every  minister,  elder,  magis- 
trate or  warden  who  shall  solemnize  marriage  between  persons  shall 
require  a  certificate  j)roper]y  executed  and  signed  by  the  town  or 
city  clerk  of  the  town  or  city  in  which  each  of  such  persons  shall 
respectively  reside,  and  if  not  residents  of  the  state,  then  from  the 
town  or  city  clerk  or  registrar  of  the  town  or  city  in  which  the 
marriage  shall  be  solemnized,  to  the  effect  that  the  said  town  or 
city  clerk  or  registrar  has  duly  recorded  the  intention  of  marriage 
between  tlie  p'vrties  named  in  the  certificate,  the  said  certificate 
also  setting  ^orth  the  names  and  surnames  of  the  parties,  the  age, 
color,  occuj  ation,  birthplace,  and  residence  of  each,  whether  either 
or  both  have  been  before  married,  and,  if  before  married,  whether 
the  marriage  intended  is  the  first,  second,  third  or  other  marriage, 
and  also  whether  the  condition  of  either  or  both  persons  previously 
married  is  that  of  a  divorced  person;  and  the  names,  occupation 
and  birthplace  of  each  of  their  parents;  and  no  town  or  city  clerk 
or  city  registrar  shall  issue  such  certificate  to  any  minor  or  person 
under  guardiat'.ship,  unless  the  consent  in  writing  of  tlie  parent  or 
guardian  shall  have  first  been  obtained  thereto;  provided,  however, 
such  certificate  may  be  issued  to  a  female  over  eighteen  years  of 
age,  who  has  no  parent  or  guardian  living  in  the  United  States. 
('riu'  legal  Tuinority  of  both  sexes  terminates  at  21  years.) 

Society  of  Friends,  an<l  every  person  authorized  to  join  per- 
sons in  marriage,  must  make  the  registration  before  the  second 
Monday  of  every  month,  of  all  marriages  solemnized  by  them,  where, 
when  and  at  what  time,  with  the  town  or  city  clerk  within  the 
county  where  solemnized. 

Lawkul  Oimkctioxs,  presented  in  writing,  will  stay  all  rights 
of  marriage  until  removed. 

Penalty  of  six  months'  imprisonment  is  infiicted  by  the  courts 
for  any  person  who  solemnizes  marriages  contrary  to  the  aforesaid 


198  READY  REFERENCE  MANUAL. 

provisioiiH.     The  participants  are  subject  to  a  fine  of  $50  eacii  for 
violation  of  tlio  laws  in  any  way. 

Witnesses  : — There  must  he  two;  Quakers,  Jews  and  every- 
one liave  to  comjtly  with  the  law.  A  white  can  marry  a  black. 
Marriaufc  is  not  a  civil  contract.  All  cliildrcn  ])orn  in  wedlock  are 
lawful. 

South  Carolina. — There  is  no  marriage  license  required;  the 
regulations  followed  are  the  same  as  in  the  State  of  jMassachusetts. 

AoE  OF  Capability  of  entering  the  marriage  contract  is  as  fol- 
lows: Males  14,  females  12,  with  the  consent  of  parents  in  obtain- 
ing license  and  their  presence  at  the  ceremony;  without  consent, 
th(^  ages  are  fixed  at  21  and  18,  but  in  all  other  matters  the  female 
does  not  attain  her  majority  until  she  is  21. 

Marriages  of  Whites  to  negroes  or  Indians  are  void. 

Marriage  is  a  Divine  as  well  as  Civil  contract,  and  all  mar- 
riages notconforining  to  the  laws  of  the  State  and  the  chunOi  or  de- 
nomination they  are  members  of,  are  not  recognized  other  than  liv- 
ing in  fornication. 

Tennessee. — A  marriage  license  is  required  by  law.  The  age 
of  consent  of  girls  is  12,  tlie  age  of  boys  14.  The  marriage  cere- 
mon}'  may  l)e  performed  by  any  regular  minister  of  the  gospel,  rab- 
bi having  the  care  of  souls,  any  justice  of  the  peace,  mayor,  judge 
or  chancellor  of  the  courts. 

Living  Together  as  man  and  wife  does  not  constitute  a  lawful 
marriage,  though  where  civil  rights  are  involved  it  raises  very 
strong  presumption  of  marriage.  Marriages  according  to  these 
customs,  during  slavery,  were  valid.  The  marriage  legalizes  all 
children  born  in  wedlock,  but  does  not  extend  to  children  born  (even 
by  the  same  parents)  prior  to  marriage. 

Voluntary  Marriage  Without  Ceremony  is  not  leg,al;  the  law 
comjtels  everyone  to  celebrate  the  marriage  nu))tials  in  the  presence 
of  competent  witnesses,  and  through  some  one  of  the  oflicials  here- 
irdjcfore  named.  A  marriage  between  a  white  woman  and  a  col- 
ored person  is  unlawful. 

No  General  Law  op  Registration  is  in  force  within  the  State; 


MARRIAGE    LAWS.  190 

but  the  person  who  solemiiizos  a  marriaufc,  makes  a  rojini  on  the 
back  to  the  county  clerk,  according  to  local  regulations,  as  pro- 
scribed by  municipal  by-laws. 


Texas. — A  license  is  reipiired  by  the  laws  of  the  State;  the 
clerk  of  the  County  Court  issues  tlie  same;  the  fee  is  $1.50. 

Lawful  Age  without  the  consent  of  parents  or  guardians,  is 
males  21,  females  18  ;  with  consent  of  the  parents  of  either  or  guar- 
dian (as  the  case  may  be),  males  IM,  females  14. 

Whites  Cannot  Intehmarhy  with  blacks  or  Indians. 

Who  Can  Solemnize  marriages  : — District  and  county  judges, 
justices  of  the  peace,  and  all  religious  denominations,  in  the  form 
and  under  the  discipline  of  their  church  or  society  rules. 

All  Children  born  in  wedlock  are  recognized  by  law  as  legiti- 
mate. 

Living  Together  as  Man  and  Wife  does  not  constitute  a  lawful 
marriage  in  itself,  apart  from  a  witnessed  agreement;  but  when  en- 
tered into  an  agreement  and  the  same  filed  with  the  clerk  of  the 
county  in  which  the  parties  reside,  is  legal. 

Registration  of  all  marriages  must  be  filed  within  sixty  days 
thereafter,  along  with  the  license  and  certificate  of  the  person  sol- 
emnizing it. 

A  Penalty  of  a  fine  not  exceeding  ^100  or  less  than  $10  is  im- 
))osed  for  uidawful  performance  of  the  marriage  rites. 

Virginia. — LaAvful  age  of  majority  of  both  sexes  in  this  State 
is  21;  ages  of  consent  in  marriage,  etc.,  from  the  age  of  14  to  lil  in 
ease  of  males,  and  from  12  to  21  for  females. 

A  jMauri.vge  License  is  exacted  by  the  laws  of  the  State  ;  it  is 
issued  by  the  recorder  in  probate;  the  fee  is  !i^2. 

Void  Marrhgeh  are  those  of  big.uny,  under  age  of  consent,  and 
physically  inconii)etent. 

Prohibited  Degrees  are  all  closer  than  cousins  of  first  degree 

Persons  Living  in  Cohibition  as  husband  and  wife  without 
marriage,  cannot  particii)ate  in  any  rights  of  conjugal  life. 


200  READY   REFERENCE  MANUAL. 

All  Mixisters  of  tke  Gospel  and  tho  various  forms  of  any  rec- 
ognized body  or  denoniinatiun,  are  admitted  as  proper  compliance 
with  the  statute. 

Vermont. — Tlie  statute  exacts  a  marriage  license;  tlie  forms 
of  marriage  by  the  Society  of  Friends  or  (Quakers,  and  the  publica- 
tion of  banns  are  allowed  to  be  i)racticed.  'I'lic  town  clerk  issues 
them;  the  fee  is  50  cts. 

MiNoits  Cannot  Obtain  Licenses  without  the  consent  in  writing 
of  the  father  of  the  female,  or  guardian. 

r»iALES  ARE  OF  FuLL  AoE  at  21,  and  females  at  IM.  The  age  of 
consent  of  a  male  is  It  and  that  of  a  female  is  12. 

FinsT  Cousins  aue  not  Proiiibitld;  neither  is  tlu'  intermarriage 
of  racet^  prohibited;  a  child  born  before  wedlock,  and  recognizetl 
and  maintained  by  the  father  after  marri.age,  is  legitimate.  A  child 
born  out  of  wedlock  has  a  legal  status  in  respect  to  his  mother's 
separate  property. 

Living  as  Husband  and  Wife  does  not  constitute'  a  marriage; 
marriage  by  mutual  agreement,  without  ceremor>y,  is  not  re(U)gni7.ed 
by  law. 

A  I'enalty  of  not  less  than  $100  or  more  than  ^300  can  be 
imposed  upon  any  ))erson  pretending  to  be  ((ii.ilitii'd  to  jx'rform  the 
marriage  ceremony,  or  imprisonment  for  six  months.  Or  a  penalty 
of  $10  can  be  imposed  for  celebratii\g  a  marriage  by  a  (iua'ifie<l 
person,  without  a  license  as  re(piircd  by  law  or  the  p\iblication  <>f 
banns. 

All  Cleiujvmen  authorized  by  their  cliurcli  edicts;  all  religions 
sects  or  bodies  recognized  .as  such  according  to  their  forms  and  by 
the  pt'rson  or  persons  whose  authority  is  delegated  by  siieh  sect, 
society  or  body;  justice's  of  the  peace  and  superintendents  of  any 
benevolent  or  religious  institution,  are  ((ualilicd  to  perform  the 
marriage  ceremony. 

W^isCOnsin. — No  marriage  license  is  reipiireil.  The  same 
regulations  as  in  operation  in  the  Htiite  of  New  Jersey. 

Ages  of  Consent: — Male  IS  female  15;  without  consent,  males 


MARRIAGE   LAWS.  201 

21,  feinalt'H  18.     (After  marria^o,  if  a  female  is  under  age   by  law, 
she  is  regardcfl  as  of  age,  even  if  only  16  years.) 

The  Same  as  New  Jersey  in  every  other  rebpect. 

Wyoming  Territory. — A  marriage  license  is  required;  tlie 
age  of  consent  is,  male  18,  female  10;  without  consent,  male  21, 
female  18. 

Prohibited  Deobee.s: — Bigamous,  insane  Avhen  married,  force 
or  fraud,  are  void  marriages. 

Living  as  Man  and  Wipe  does  not  constitute  a  marriage  at  law 
civilly  or  otherwise;  recognized  as  living  in  common  adultery,  and 
the  offspring  are  bastards. 

Washington  Territory. — The  territory  demands  a  marriage 
license;  males  of  21  years  of  age  and  females  of  18  are  capable  to 
enter  into  wedlock  of  their  own  free  will  and  accord  if  no  legal  or 
natural  impediment;  persons  of  both  sexes  under  that  age  cannot 
without  the  consent  and  by  the  application  jointl}"^,  of  one  or  more 
of  their  parents  on  each  side,  or  the  guardians,  as  the  case  may  be, 
obtain  a  license.  All  regularly  ordaine<l  ministers  or  priests  of  any 
church  or  denomination,  by  justices  or  judges  of  the  District  or 
Probate  Courts,  and  any  justice  of  the  peace,  can  solemnize  mar- 
riage. 

Living  as  Husband  and  Wife,  and  holding  out  to  the  world  as 
such,  is  sutticient  when  considered  with  reference  to  the  disposition 
of  their  property  rights,  between  the  individuals  or  the  children  of 
such  living  together. 

Civil  Agreements  are  not  lawful;  parties  must  declare  in  the 
presence  of  two  witnesses  aiul  before  sonu'  one  of  the  before-named 
qualified  officials,  that  they  take  each  otlier  to  be  man  and  wife. 

All  Children,  bom  in  wedlock,  are  legitimate.  Whites  can 
marry  Indians,  Chinese,  or  negroes. 

Registration. — The  certificate  of  marriage  must  within 
three  months  thereafter,  by  the  clergyman  or  officer  performing  the 
ceremony,  be  file<l  with  the  probate  judge  of  the  county  where  the 
marriage  takes  phice.  Th»'re  is  no  law  with  reference  to  registration 
of  births  or  deaths. 

13 


202  HEADY   REPKUENCE  MANUAL. 

West  Virginia. — Tlic  State  exacts  a  license;  the  cleik  of  the 
County  Court  in  eacii  county  issues  tlieni;  the  lee  is  i!51. 

The  Aok  ok  Consent  of  male  is  14,  of  female  12;  hut  if  parties 
are  under  aye  of  L'l,  the  consent   of   the    father   or  L(u:ii'<lian,  or  in' 
their  ahsence  the  mother,  must  he  ohtaine<l  in  |>erson  or  in  writing, 
unless  the  jiarties  liave  heen    previously  married,  when  such   con- 
sent is  dispensed  with. 

TirK  Auk  of  Maioiutv  in  this  State  of  holh  male  and  female 
is21. 

Chii.duen  Boun  of  the  sami'  niotlier  and  father  ) trior  to  mar- 
riaij;o  are  hy  the  marri;i<i;e  vested  of  lecfiliniiite  hirthri<fhl. 

OiFiCKRs  WHO  Can  Solkmnizk  marriai^es  are  as  follows:  Any 
minister  of  the  u^ospel  who  j»roves  that  he  has  heen  duly  licensed  as 
such,  and  is  in  communion  with  his  church,  may  he  authorized  hy 
the  Cinruit  Court  of  the  State  to  solemnize  the  rij^ht  of  matrimony 
in  all  counties,  u|»on  t^ivint^  a  hond  in  ]»enalty  of  ijil.joo.  He  may 
also  he  li(U'nsed  hy  the  County  Court,  or  wlu'u  neither  court  is  in 
session,  hy  the  clerk  of  the  County  Court;  the  fee  of  the  clergyman 
is  $1.  No  person  other  than  the  minister  licensed  sliall  solemnize 
the  right  of  matrimony.  Marriage  hetween  persons  helonging  t<> 
any  religious  societies  which  have  no  licensi'd  minister,  may  solem- 
nize hy  the  jterson,  and  in  the  manner  ]»rescrihed  hy,  and  practiced 
in,  any  sucdi  so(Mety.  Every  marriage  in  the  State  must  he  under  a 
license,  and  solemnized  in  the  manner  and  under  the  penalty  hond 
hereinhefore  provi<led. 

WiiKUK  Coi.oijKi)  Pf.hsons  jirior  to  Fehruary  2sth,  ISO"),  hail 
agri'dl  to  live  as  hushand  and  wife,  and  were  cohahiting  as  such, 
shall  he  dei-med  hushand  and  w  ife  hy  law,  hut  no  others. 

Maruiaoe  is  a  civil  contract. 

IIkoistration  reijuires  the  clerk  to  keej)  a  record  of  all  licenses 
issued,  and  the  minister  jierfonning  the  ceremony  is  reipiired  in 
sixty  days  to  make  return  to  the  clerk  of  the  County  Court  the  li- 
cense, with  the  facts,  under  his  certilication,  to  be  recorded  in  a 
book  kept  for  that  purpose. 


MARRIAGE  LAWS.  203 

DOMINION  OF  CANADA. 

Province  of  Ontario.— Tlie  law  as  to  the  solomnization  of 
inarriagi's  in  tliis  I'rovim-L'  is  laid  down  in  the  Revised  Statutes  of 
Ontario,  Chapter  124,  wluch  provides  for  the  solemnization  of  a 
marriage  by  any  minister  or  clergyman  of  every  church  and  relig- 
ious denomination,  duly  apj-ointed  or  ordained  according  to  the 
rights  and  ceremonies  of  the  church  or  denomination  to  which  they 
respectively  belong,  resident  in  Ontario;  but  no  such  minister  or 
clergyman  shall  celebrate  the  ceremony  unless  duly  authorized  so  to 
do  by  license  under  the  hand  and  seal  of  the  lieutenant-governor, 
or  by  a  certificate  under  the  act,  or  unless  the  intention  of  the  two 
persons  to  intermarry  has  been  proclaimed  once  openly  and  in  an 
audible  voice  either  in  the  church,  chapel  or  meeting-house  in  which 
one  of  the  parties  has  been  in  the  habit  of  attending  worship,or  with 
which  the  minister  or  clergyman  who  performs  the  ceremony  is 
connected,  and  in  the  local  municipality,  parish  or  charge  where 
one  of  the  parties  has  for  the  space  of  fifteen  days  immediately  pre- 
ceding had  his  or  her  usual  place  of  abode;  such  proclamation  to  be 
on  Sunday,  immediately  after  the  service  begins,  or  after  '•  ends,  or 
at  some  intermediate  part  of  the  service. 

Section  3  op  the  Act  Provides  for  tlie  substitution  of  a  certi- 
ficate instead  of  the  usual  marriage  license.  Such  license  or  certi- 
ficate shall  be  issued  from  the  office  of  the  provincial  secretary,  and 
shall  be  furnished  to  parties  requiring  the  same  by  such  persons  as 
the  lieutenant-governor  in  council  may  name  for  that  purpose;  and 
unauthorized  persons  issuing  any  such  license  or  certificate  for  the 
solemnization  of  marriage,  shall  forfeit  the  sum  of  $100  for  every 
such  license  issued.  This  does  not,  however,  apply  to  the  case  where 
a  deputy  has  been  appointed,  with  the  approval  in  writing  of  the 
mayor  or  reeve  of  the  city,  township  or  incorporated  village  where- 
in he  resides,  when  the  issuer  is  prevented  by  illness  or  unavoidable 
accident,  or  temporary  absence,  who  while  so  acting  shall  possess 
the  powers  and  privileges  of  the  issuer  appointing  him. 

Bekoue  any  such  License  is  Issued  by  any  issuer,  or  deputy 
issuer,  one  of  the  parties  to  the  intended  marriage  shall  personally 
make  an  affidavit,  stating  the  county  or  district  wherein  the  mar- 
riage shall  be  solemnized;  (2)  that  he  or  she  believes  that  there  is 


204  READY   REFERENCE  MANUAL. 

no  attinity,  consaiigiiiiiity,  pro-contract,  or  otlmr  lawful  causv  or 
legal  impudinKfMt  to  bar  or  hinder  the  solemnizatioji  of  tlio  mar- 
riage; (H)  that  one  of  the  parties  hiis  for  the  space  of  fifteen  days 
immediately  preceding  the  issue  of  the  certificate  or  license  bad  his 
or  her  usual  place  of  abode  within  the  county  or  district  iu  which 
the  marriage  is  to  be  solemnized  ;  or  shouid  the  place  for  its  sol- 
emnization bo  not  that  in  which  either  of  the  partie''  has  for  the 
space  of  fifteen  days  immediately  preceding  the  issue  of  the  license 
or  certificate  had  his  or  her  usual  place  of  abode,  that  the  reason  for 
procuring  the  marriage  to  be  solemnized  in  sucL  place  is  not  in 
order  to  evade  due  publicity  or  for  any  other  improper  purpose. 

Then,  in  case  either  party  (not  being  a  widower  or  widow) 
is  under  the  age  of  21  years,  the  ailidavit  shall  further  state  that 
the  consent  of  the  person  whose  consent  to  tlie  marriage  is  required 
])y  law  has  been  obtained  tliereto.  If  there  is  no  person  having 
authority  to  give  such  consent  to  the  marriage,  then  upon  oath 
made  to  that  efi'ect  by  the  party  re(|uiring  the  license  or  certificate, 
it  shall  be  lawful  to  grant  a  license  or  certificate  notwithstanding 
the  absence  of  any  such  consent.  Should  the  issuer  have  personal 
knowledge  or  reason  to  suspect  that  the  affidavit  is  untrue,  he 
shall  not  issue  a  license  or  certificate.  The  father,  if  living,  of  any 
person  under  the  the  age  of  21  (not  being  a  widower  or  widow)  or 
if  the  father  is  dead,  the  guardian  or  guardians  of  the  person  so 
under  age,  or  any  one  of  the  guardians,  if  there  are  more  than  one; 
or  in  case  there  is  a  mother  of  such  minor  living,  and  not  again 
married,  she  shall  have  authority  to  give  consent  in  the  marriage. 

Every  Clergyman  or  Minister  who  celebrates  a  marriage  shall 
if  required  at  the  time  of  the  marriage  by  either  of  the  parties 
thereto,  give  a  certificate  of  the  marriage  under  his  hand,  for  which 
he  may  demand  twenty-five  cents  from  the  person  re<|uiring  it. 

Licenses  are  Issued  by  persons  commissioned  by  the  Provin- 
cial secretary  so  to  do.  The  fee  is  $2,  which  belongs  tp  the  issuer 
of  said  licenses. 

Registration  must  in  all  cases  be  made  within  thirty  days 
thereafter,  upon  a  form  furnislied  to  all  persons  qualified. 

First  Cousins  cannot  intermarry  according  to  the  edicts  of 
some  of  the  denominations,  but  it  is  not  prohibited  by  law. 


MARUIAO£   LAWS.  205 

TuERii  irt  NO  DiHTiNCTiON  luadu  by  hiw,  rt'spcctiiig  the  iutermar- 
riiigc  of  ract'«. 

New  Brunswick. — Alalos  and  femak's  ari!  capalde  of  enter- 
ing into  the  marriage  contraeL  at  any  age,  eitlier  with  or  without 
consent  of  parents.  Consolidated  statutes  of  N.  15.  Cai  .  71,  Soe.  7 
jirovieles:  "No  person  shall  knowingly  solemnize  any  marriage 
where  either  party  is  under  the  age  of  21  years,  without  the  coii- 
seut  of  the  father  or  guardian."  The  infraction  of  the  law  is  laid 
upon  the  person  who  performs  it,  and  as  a  matter  of  revocation  or 
illegality,  there  appears  no  provision  making  it  such. 

License  Must  be  Obtained  or  the  publication  of  banns.  (Sec 
regulations  in  the  laws  of  marriage  for  Ontario.)  The  fee  for  the 
license  is  $5  ;  they  are  issued  from  the  rroviucial  secretary's  oflice 
as  in  Ontario. 

Who  can  Officiate.  Every  Christian  minister  or  teacher  duly 
ordained  according  to  the  rites  and  ceremonies  of  the  denomination, 
deemed  and  recognized  as  a  duly  ordained  minister  or  teacher  by 
virtue  of  any  prior  ordination,  and  being  a  British  subject,  having 
charge  of  a  congregation  in  the  Province  or  connected  therewith, 
may  solemnize  marriage  by  license  or  the  publication  of  banns.  Con. 
St.  Cap.  71. 

An  Alien  Minister  can  perform  the  same  by  petition  to  the 
Governor  in  council  for  the  permit. 

A  Justice  oi'  tue  Peace,  or  mayor  or  reeve  of  a  village,  towu> 
township  or  city,  can  receive  a  commission  to  perform  marriages. 

Quakers  are  Permitted  by  the  forms  of  their  society  to  con- 
summate marriages. 

Marriage  is  a  civil  contract. 

Living  as  Man  and  Wife  cannot  be  recognized  under  the  law 
in  any  manner. 

Marriage  only  Legitimizes  the  oll'spring  born  under  wedlock 
as  laid  down  by  medical  jurisprudence  as  the  natural  time  after 
marriage. 

Every  Marriage  must  take  place  in  the  presence  of  at  least  two 
witnesses,  besides  the  person  officiating  the  marriage,  and  immedi- 
ately thereafter  a  certificate  thereof  shall  be  made  and  transmitted 


206  READY   REFERENCE   MANUAL. 

to  tbe  clerk  of  tho  peace  of  the  county  (the  Hamo  being  Higned  l)y 
the  persons  joined  in  wedlock  and  witnessed   by  the  witnesseH  to 
tho  marriage,  called  the  bridesiuaid  and  groomsman)    wherein  the 
marriage  was  celebrated,  and  he  immclKitely  registers  certificate 
in  full  in  a  book  kept  for  that  purpose. 

Persons  unlawfully  solenmizing  marriage  can  be  convicted  of 
misdemeanor  and  iiued  $500,  or  both  in  the  discretion  of  the  court. 


Province  of  Nova  Scotia. — The  age  of  conHcnt  in  murriagc 
is  14  in  mak'H  and  12  in  females.  If,  however,  they  go  through  the 
form  of  marriage  before  that  age,  such  marriage  is  inchoate  (begins) 
and  imperfect,  but  not  void;  if  on  arriving  at  the  age  of  consent, 
they  co-habit  or  continue  co-habitation  previously  begun,  the  mar- 
riage is  good,  by  reason  of  the  subsetpient  ratification  of  the  inchoate 
contract. 

Neither  males  nor  females  cease  to  be  minors  for  the  marriage 
contract,  until  they  arrive  at  the  full  age  of  21  years. 

The  English  statute  20  Geo.  II,  C  33,  which  made  consent  of 
parents  and  guardians  essential  to  the  validity  of  all  marriages  of 
minors  by  license,  di<l  not  .ipply  to  the  colonies  and  has  since  been 
repealed  by  the  Imperial  Parliament,  19  &  20  Vic,  c.  119,  sec.  17. 
Pritchard  p.  17. 

Theue  Must  be  a  License  or  a  notice  of  the  marriage  given 
during  divine  service,  at  a  place  of  public  worship  in  the  i)lace 
where  the  celebrants  worship,  for  two  Sundays. 

The  Lieutenant-Govebnob  for  the  Province  signs  and  seals 
marriage  licenses  in  blank  which  are  distributed  by  the  Provincial 
Secretary  with  blank  bonds  to  persons  appointed  by  the  Governor- 
in-Council  to  be  issuers  of  marriage  licenses  and  Deputy  Registrars 
of  marriages,  who  are  responsible  for  licenses  issued  to  applicants, 
on  payment  of  a  fee  of  $2.50  and  the  execution  of  a  bond  with  two 
suttlcient  sureties. 

Every  Person  Recognized  as  a  duly  ordained  clergyman  or 
minister  by  any  congregation  or  body  of  Christians  within  this 
Province,  can  perform  the  marriage  ceremony. 

Evidence  of  Co-Habitation,  for  a  long  period  of  years,  will  be 
suflScient  to  establish  marriage  or  preponderating  evidence  of  respect, 


MARUIAOE   I,A\VH.  207 

ovf'U  tlinu^'h  (lividoil.  I'oihoiih  cannot  iiiKhsifiikr  l>v  nmtiiiil  contrnt't, 
eveu  tliough  witnosecil,  Ihonuiiriago  vianh;  it  ib  ilk'giil  umlcoiitnuy 
to  public  niorftl.s. 

Ai,r-  Races  cuii,  without  hit  or  hiiKltuuce,  if  olhciwiso  tupablc, 
iutoruiarry. 

llK(ii8'ntATU)N  must  bo  uiiulo  witli  the  tloputy  regintrur  of  eveiy 
iiiarriage,  but  tbo  law  docs  uot  limit  the  tiiue  within  which  theHauio 
is  luado. 

All  Cuiluren  Bukn  in  Wedlock  are  logitiiiiate.  A  chihl  or  t'liii- 
dreu  born  previous  to  inarriago,  has  uo  legal  btatuH  under  the  laws 
of  descent  in  heirship  claiuis. 

Province  of  Quebec. — A  marriage  licenHe  ia  re(iuired,uulc8S 
where  bauus  are  published;  the  provincial  secretary  issues  them  over 
the  seal  and  hand  of  the  liouteiumt-goveruor ;  the  fee  charged  is  $8. 
Both  male  and  female  must  be  of  the  full  age  of  21  years,  before 
they  can  without  the  consent  of  parents  or  guardiuus  obtain  a  mar- 
riage license.  The  age  of  consent  of  a  male  is  14,  and  a  feniale  12. 
All  minors  must  receive  permission  in  writing  or  personal  consent 
of  the  father  of  either  to  the  obtaining  of  a  license. 

Mauiuaoe  Lkoalizes  all  children  born  of  the  same  jjareuts  and 
acknowledged  as  such  by  the  father,  whether  boru  before  or  after 
wedlock. 

All  PiuKSTS,  Rkctohs,  ministers,  and  other  officers  authorized 
by  law  to  keep  registers  of  acts  of  civil  status,  are  competent  to  sol  • 
emuize  marriages  ;  but  none  of  the  officers  thus  authorized  can  be 
compelled  to  solemnize  a  marriage  to  which  any  impediment  exi.^t.s 
according  to  the  doctriue  and  belief  of  his  religiou,  and  the  disci- 
pline of  the  church  to  which  he  belongs. 

Registration. — {A.)  Immediately  after  marriage  {/)'.)  If  the 
marriage  is  solemnized  at  the  place  of  the  domicile  of  one  or  the 
other  of  the  parties.  If  solemnized  elsewhere,  the  person  officiating 
is  obliged  to  verify  and  ascertain  the  identity  of  the  i)arties.  For 
the  purpose  of  marriage,  domicile  is  established  by  a  residence  of  six 
months  in  the  same  county.  {O.)  The  act  is  signed  by  the  officer 
officiating  the  marriage,  by  the  partie.9  contracting,  by  the  grooms- 
man and  bridesmaid,  or  two  other  competent  witnesses,  related  or 
not,  who  witnessed  the  ceremony.     If  any  of  the   parties  cannot 


208  HEADY   KEFEKENCE  MANUAL. 

writu  ur  Ki|rii  the  (lecliiiHtioii,  ii  iiicnioranduin  inuHt  bo  luiule  \o  tluii 
effoct.  In  iliis  tlucltiratiuii  in  avi  forth  :  (1)  the  day  on  which  the 
iiiairiiigu  WAM  Huloiiini/.e(l ;  (2)  the  uumc>H,  but  iiiiiiieH,  (jiiulity  or  oo- 
ciipatioii  1111(1  (1<))iiicilu  uf  the  particH  iiiiuricd,  the  uhiiioh  of  tlie 
fiithor  !Ui(l  mother  of  eiirh,  or  the  imino  of  the  former  huHhaml  or  wife, 
if  widower  or  widow  ;  (3)  whctlior  tbo  j»articH  ure  of  age  or  iiiiiiorK; 
(I)  whotlier  th((y  wore  married  after  tiie  pubhnitiou  of  baiiiiH  or  with 
a  diHpeJiHatioii  or  HceiiHO;  wlietlier  it  wa8  with  the  coiiHout  of  thtir 
father  or  mother,  tutor,  or  guardiau,  or  with  tlie  advice  of  a  family 
council,  when  Huch  couHent  or  advice  in  required  ;  (5)  the  namoH  of 
witneHHOH,  and  if  they  are  related  or  allied  to  the  partioH,  and  if  so, 
on  which  side  and  in  what  degree  ;  (G)  that  there  has  been  a  protest 
and  if  the  j)roteHt  was  allow(!d  or  diHallowed. 

LivjNn  AH  HusuANu  ANiJ  WuK  dooH  uot  coustitnte  a  lawful  n)ar- 
riage. 

Maiuuaoe  ih  a  llKLioiuim  C^ONTUAUT,  but  tho   statute  givoH  it  a 
civil  dfect. 


I'AliT  II.— CHAl*.   IV. 

Mitiricil  wuiiiaii'M  si'itaratt'  i'i;^lils  rcsiNi'liriK  IIk'  lioldin;;  aiiil  ili.s|N).sitii)ii  of 
|ir<i|N<rty,  uikI  li*>r  liaMlitv  lor  la-r  liii.sliaiurs  ilclils,  ami  llir  liiLshaiMls 
liiiliility  for  licr  drliLs  iM-forc  aii<l  MU'V  iiiarriaK'".  i"  <'it<l>  Statr  ati<l  Ter- 
ritory ill  the  L'liitol  States,  uikI  tarli  I'roviuct' of  tin-  Doiiiinioii  «)f  Caii- 
iula. 

MAltltlAOE  UKIHTU. 

Alabama. — All  inoperly  held  by  the  wifo  [>rt!viouH  to  the 
iiiHiriii;,'!-,  uv  tu  which  hIiu  luiiy  becuiiio  tiititlcil  after  iiiarriuf^u,  is 
tho  Hdpanito  ostiito  of  tlio  wile;,  mid  is  not  Hubjoct  to  th«i  piiyuiont  t  T 
tht)  huHbiitid'H  (lobtH,  which  property  vostH  in  tlm  huKbaiicl  as  truH- 
teo.  Such  properly  may  bo  sold  by  the  huhbaud  um]  wife,  and  coi'- 
veyed  by  them  jointly  by  iiiatrument  in  writing',  attested  by  two 
witnesseH. 

Arkansas. — Same  as  Alabama. 

California. — Married  women  can  make  any  contracts  concern- 
ing their  separate  projjerty  with  their  own  husband  or  any  peison 
else ;  and  can  make  the  same  dis{)osition  of  her  property  by  will  or 
otherwise,  as  her  husband  can  with  his.  The  separate  estate  of 
e'LUer  is  not  liable  for  the  other's  debts.  Community  property  (that 
is,  property  ac(iuired  by  husband  and  wife  by  their  united  imlustry 
and  saving,  during  marriage),  is  liable  for  debts  i»f  the  woman  be- 
fore her  marriage.  Husband  has  absolute  control,  during  lifetime, 
of  community  property,  and  m.>iy  dispose  of  same  without  wife's 
joining  in  conveyance. 

Colorado. — ]\Iarried  women  hold  their  separate  estate,  real 
and  personal,  free  from  any  liability  or  control  for,  or  of,  their  hus- 
bands.    They  can  do  all  business  the  same  as  before  their  marriage. 

Connecticut. — All  women  married  before  May  Isl,  1877,  hus- 
bands have  an  interest  in  their  property,  for  iLe  use  of  her  real  es- 
tate and  as  trustee  of  her  personal  estate,  unless  conveyed  to  her 
separately,  and  for  her  own  se])arate  use  specifically.  Marriages 
contracted  since  the  1st  of  May,  1877,  give  neither  any  interest  in 
the  estate  of  the  other  while  living,  and  each  is  responsible  for  his 


210  READY   IlEFEKENCE   MANUAL. 

or  her  own  contracts  ;  for  the  support  of  the  fiunily,  both  lue  hold 
liable.  Married  woiueu  carrying  on  businesH  may  bind  their  hepii- 
rate  estate,  and  contracts  entered  into  by  a  luarriid  woman  on  her 
personal  and  individual  credit  for  the  benelit  of  herself  and  family 
or  her  joint  and  separate  estate,  will  be  ei' forced.  By  statute  of 
1878  all  i^roperty  hereaftei'  conveyed  to  t.  married  woman  shall  be 
held  to  bo  her  sole  and  separate  use,  rnd  will  be  liable  for  her  con- 
tracts. 

Dakota. — Married  women  can  indeijendently  manage,  control 
and  dispose  by  will  or  otherwise,  their  separate  estate  both  real  and 
personal.  Her  property  is  (■xem])t  from  any  creditors  of  her  hus- 
band. 

Delaware. — ]Married  women  possess  full  rights  and  control 
in  managing  and  disposing  by  will  or  otherwise  of  their  separate 
estate.  They  can  engage  in  business  or  trade  and  reijuire  no  per 
mission  of  their  husbands.  The  husband  assumes  the  antenuptial 
debts  of  his  wife. 

District  of  Columbia. — The  right  of  a  married  woman  to 
property  held  by  her  at  the  time  of,  or  accpiired  by  her  in  any  other 
way  than  by  gift  or  conveyance  from  her  husband  during,  marriage, 
is  as  absolute  m  if  she  were  unmarried  and  of  full  age.  It  is  not 
subject  to  her  husband's  disposal  nor  liable  for  his  debte,  and  she 
may  contract,  sue,  and  be  sued  in  respect  to  the  same,  in  her  own 
name,  as  if  she  were  unmarried.  Held,  that  under  this  law  the 
earnings  of  a  married  woman,  in  trade,  at  service,  or  otherwise,  are 
still  the  property  of  her  husband  as  at  common  law.  In  the  ac- 
knowledgment of  deeds,  married  women  must  state  that  it  is  with- 
out compulsion  of  her  husband  and  that  she  fully  understands  its 
contents. 

Florida. — The  separate  property  of  a  married  woman  is  a 
distinct  right  of  her  own  ;  but  conveyances  between  husband  and 
wife  are  not  accepted,  unless  for  full  consideration. 

Georgia. — All  j)roperty  of  the  wife  in  possession  at  time  of 
marriage  or  afterwards  accpiired  by  her,  is  her  separate  property, 
and  not  liable  for  the  payment  of  any  debts,  defaults  or  contracts  of 
the  husband.     Wife  cannot  bind  her  separate  estate  by  any  contract 


MARRIAGE    RIGHTS.  211 

for  auretj-ship,  whether  in  behalf  of  her  husbauil  or  any  perKon  else. 
Any  sale  of  the  wife's  property  in  payment  of  her  husband's  debts 
is  absolutely  void.  It  has  been  held  and  decided  that  though  she 
was  in  full  consent  at  the  time  of  the  conveyance,  she  can  at  any 
time  afterwards  repudiate  it  and  recover  the  property  from  any  one 
buying  it  with  a  knowledge  of  her  interest. 

Idaho. — The  real  and  personal  property  of  a  married  woman, 
owned  at  the  time  of  n)arriage  by  her  in  fee  simple  or  afterwards 
by  devise  or  bequeath,  is  not  subject  to  the  control  or  liability  of 
the  husband  in  any  respect. 

Illinois. — Married  women  may  own  real  estate,  and  can  sell 
or  manage  the  same  to  a  like  extent  that  the  husband  can  prop- 
erty belonging  to  him.  No  transfer  of  chattels  between  husband 
and  wife,  when  living  together,  is  valid  against  third  persons  unless 
in  writing  and  duly  acknowledged  and  recorded.  Contracts  and 
liabilities  of  married  women  can  be  enforced  against  them  the  same 
as  if  unmarried  ;  they  may  buy  goods,  etc,  but  cannot  enter  into 
partnership  or  embark  in  business,  without  the  consent  of  their 
husband.  Neither  husband  nor  wife  are  liable  for  debts  ante, 
nuptial,  but  both  are  responsible  for  nc'cessaries  furnished  or  re- 
({uired  for  maintenance  of  the  family.  The  wife  has  a  dower  in 
her  husband's  lands,  and  must  join  in  all  conveyances  or  instru- 
ments affecting  the  same,  except  a  mortgage  given  as  a  part  pay- 
ment of  purchase  money. 

Iowa. — A  wife  may  receive  the  wages  of  her  personal  labor 
and  maintain  an  action  therefor  in  her  own  name,  and  hold  the 
same  in  her  own  right ;  ami  she  may  prosecute  and  defend  all  ac- 
tions at  law  or  equity  for  the  preservation  and  protection  of  her 
rights  and  property,  as  if  unmarried.  Neither  are  liable  for  ante- 
nuptial debts  of  the  other,  but  the  joint  savings  after  marriage  will 
be  held  for  their  antenuptial  debts.  The  sej^arate  wages,  earnings 
or  property  or  the  rent  or  income  of  such  property  liable  for  the 
separate  debts  of  either.  Contracts  may  be  made  by  a  wife  and 
liabilities  incurred,  and  the  same  enforced  against  her,  to  the  same 
extent  and  in  the  same  manner  as  if  she  were  unmarried.  The 
expenses  of  the  family,  and  the  education  of  the  childien  are 
chargeable  upon  the  property  of  both  husband  and  wife,  or  either 


212  KEADY  ItEFEltENCE  MANUAL. 

of   thorn,   uud  iu   lulutiou   thereto  they   may   be  Hued  joiutly   or 
Heparatoly. 

Indiana. — Chap.  71,  Skc.  5115. — "No  lands  of  any  married 
womau  shall  bo  liable  for  the  dobta  of  her  husband,  but  such  lands 
and  the  profits  therefrom,  shall  be  her  separate  property  as  though 
she  were  unmarried:  provided  that  she  shall  have  no  power  to  in- 
cumber or  convey  such  lands,  except  by  deed  in  which  her  husband 
shall  join." 

Sec.  5119. — A  wife  cannot  enter  into  any  contract  or  surety- 
ship, whether  as  indorser  or  guarantor,  all  acts  of  hers  in  this  re- 
spect are  void.  Sec.  5125. — "  The  husband  shall  be  liable  for  his 
wife's  antenuptial  debts  and  liabilities,  to  the  extent  of  the  i^erson- 
al  property  he  may  acquire  through  her,  or  derive  from  the  sale  or 
rent  of  her  lands  or  money.  The  wages  of  a  married  woman  be- 
long to  her  and  cannot  be  taken  for  her  husband's  debts.  Any 
agreement  in  consideration  of  marriage  is  void. 

Kansas. — Married  women  enjoy  the  same  rights  as  to  their 
separate  property,  real  and  personal,  as  their  husbands.     They  may 
engage  in  business  at  pleasure,  and  be  sued  and  sue   for  their  own 
;ontracts. 

Kentucky. — Married  women  hold  their-  separate  estate  free 
from  the  control  or  liability  for  debts  of  husband.  Upon  the  joint 
petition  of  husband  and  wife,  the  circuit  court  may  empower  the 
wile  to  trade,  etc.,  as  a  feme  sole. 

Louisiana. — Married  women  may  hold  in  their  own  name 
her  marriage  portion  or  property  separately  acquired  or  become 
seized  of  through  heirship  after  marriage,  and  such  property  is  not 
liable  for  her  husband's  debts.  Mariuahe  produces  of  right  are 
many  under  the  marriage  contracts,  as  all  considerations  in  mar- 
riage are  binding ;  a  community  of  ac(]uets  and  gains,  which  are 
composed  of  the  joint  earnings  and  acc^uisitions  of  husband  and 
wife  since  marriage.  At  the  dissolution  of  the  marriage,  either  by 
death,  divorce  or  legal  separation,  she  is  entitled  to  one-half  of  all 
community  property.  All  privileges  of  married  women  arising  out 
of  the  husband's  use  or  apropriation  of  the  wife's  separate  property, 
in  order  to  affect  third  persons,  must  be  recorded  in  the  office  of 
the  recorder  of  mortgages.     A  married  woman  in  order  to  make  a 


MARRIAOE     niOIITS.  213 

valid  contract  with  a  third  person  respecting  her  separate  property, 
must  be  by  the  approval  of  her  husband  or  the  judge  of  the  county 
court.  When  the  husband  pennissively  allows  his  wife  to  engage 
in  business,  she  may  without  being  empowered  by  him,  obligate 
herself  in  anything  relating  to  her  business,  and  in  such  case  the 
husband  is  bound  also,  if  there  exists  a  community  of  property  be- 
tween them. 

Maine. — Married  women  may  manage  tlieir  own  affairs  in  all 
respects  the  sr.me  as  their  husbands  or  as  if  they  were  unmarried. 
They  may  convey,  and  devise  property,  sue  and  bo  sued,  alone  or 
jointly  with  their  ]u]sl)and.s.  Thoii-  property  may  be  attached  for 
their  own  debts  ;  husbands  are  not  liable  for  the  antenuptial  debts 
of  their  wives,  unless  they  assumed  the  paymetit  of  any  of  them  af- 
ter mannage,  which  would  hold  them  for  all  her  debts,  (see  R.  S. 
of  Mn  ,  Chap.  61.)  Wives  need  not  join  in  deeds  or  mortgages  of 
their  husbands  or  community  property. 

Maryland. — Tiie  property  of  a  married  woman  is  not  liable 
for  her  husband's  debts.  She  may  however  bind  her  separate  prop- 
erty by  an  instrument  in  writing  expressing  such  intention.  When 
conducting  a  business  as  a  feme  solo,  and  in  that  character  contracts 
debts,  she  may  be  hold,  though  she  may  not  have  entered  into  any 
written  contract,  by  contract  implied  in  her  act.  Execution  and 
attachment  may  issue  against  ?ior  separate  property  for  her  own 
debts  and  where  she  has  united  with  her  husband,  in  a  promise  to 
pay  either  as  a  joint  maker  or  indor.ser.  ]\Iarri(  d  women  cannot  go 
into  partnership,  jiarriage  lixes  the  liabilities  of  tiie  wife  upon  the 
husband,  precontracted. 

Massachusetts. — A  married  woman  may  hold  property  to 
her  separate  use  ;  she  may  invest  the  rents,  profits,  etc.,  thereof, 
her  earnings,  and  whatever  she  has  received  for  release  of  dower ; 
and  said  property,  rents,  prollts,  etc.,  is  not  subject  to  the  husband's 
interference  or  control,  nor  liable  for  his  debts.  She  may  convey 
her  property,  make  contracts,  sue  and  be  sued,  as  to  her  separate 
account  and  may  carry  on  any  trade  or  business,  as  if  she  was  un- 
married, but  the  husband  must  join  with  her  in  real  estate  and  other 
business  conveyances.  A  trustee  may  be  appointed  on  her  petition 
to  take  charge  of  her  estate  in  insolvency.     The  husband  is  not 


214  READY   REFERENCE   MANUAL. 

liable  for  contracts  of  wife  doing  business  on  her  separate  account, 
after  filing  a  certificate  with  town  or  city  clerk  setting  forth  her 
name,  l)usineBs,  etc.  She  must  also  file  a  certificate  to  secure  with 
town  or  city  clerk  setting  forth  her  name,  business,  etc ,  and  that 
she  is  not  liable  in  any  way  for  her  husband's  debts  or  business. 
The  wife  may  be  sued  and  her  separate  property  attached  for  ante- 
nuptial debts  ;  the  husband  is  not  liable  for  such  debts.  A  guar- 
dian may  be  appointed  for  an  insane  woman  having  the  right  of 
dower.  A  married  woman  whose  husband  has  abandoned  her,  or 
has  been  sent  to  prison,  or  is  otherwise  incapable,  may  be  author- 
ized by  the  courts  to  convey  property,  to  make  contracts,  and  to  sue 
and  be  sued. 

Michigan. — Married  women  have  the  same  rights  ai;d  liabil- 
ities with  regard  to  their  sole  jiroperty  as  if  unmarried.  In  devis- 
ing her  pro])erty  she  must  obtain  her  husband's  consent,  and  in  con- 
veying or  mortgaging  her  separate  real  estate,  the  husband  must  by 
right  of  courtesy  join.  She  can  mortgage  her  property  or  go  on  a 
bond  or  security  for  her  husband's  debts. 

Minnesota. — All  property  owned  by  married  women  at  time 
of  marriage  shall  continue  to  remain  her  separate  property  after 
marriage,  and  she  may  enjoy  rents  and  profits,  and  avails  of  her 
industry,  free  from  liabilities  on  account  of  husband's  debts  ;  shall 
be  bound  by  her  contracts,  and  responsible  for  torts  committed  by 
her,  same  as  if  unmarried ;  may  make  any  contract  which  she  might 
make  if  unmarried,  and  shall  be  bound  thereby,  except  that  no  con- 
tract or  conveyance  of  real  estate  or  any  interest  therein,  other  than 
mortgages  on  lands  to  secure  purchase  money,  and  leases  for  terms 
not  exceeding  three  years,  shall  be  valid,  unless  husband  joins ;  no 
estate  by  the  courtesy  as  against  purchase  money  mortgage  given 
by  married  women.  If  husband  is  insane  she  may  make  such  con- 
veyance or  contract,  by  joining  with  the  guardian  of  her  husband. 
No  married  woman  liable  for  the  debts  of  her  husband,-  or  larried 
man  for  those  of  his  wife,  entered  into  before  or  after  coveiature  of 
man-iiige,  except  for  necessities  furnished  wife  and  family ;  no  con- 
veyance agreement  or  contract  of  real  estate  between  man  and  wife 
is  valid.  In  all  cases  where  creditors  or  purchasers  in  good  faith 
come  into  question,  husband  held  to  have  notice  of  contracts  and 


MARRIAOK    RIGHTS.  215 

debts  of  wife,  and  wife  notice  of  contracts  and  debts  of  husband,  as 
fully  as  if  a  party  thereto.  Minority  of  a  wife  does  not  aftect 
validity  of  a  joint  deed.  In  cases  of  actions  on  the  part  of  the  hus- 
band, that  would  be  substantial  causes  for  divorce,  the  husband 
becomes  silent  to  his  rights  over  his  wife,  in  any  of  the  foregoing 
privileges  of  conjugality. 

Missouri  — Married  women  may  hold  real  property  to  their 
Bolo  and  separate  use,  with  or  without  the  intervention  of  any  person 
or  free  from  liability  of  her  liusband's  debts.  All  persojial  property 
and  chos^s  in  action,  belonging  to  wife  at  marriage,  or  thereafter  by 
gift,  becjuest,  inheritance,  or  by  purchase  with  her  separate  money,  or 
due  as  wages  of  her  labor,  or  which  may  have  grown  out  of  her  per- 
sonal rights,  remain  her  separate  property,  and  not  liable  in  any  way 
for  iior  husband's  debts.  A  married  woman  by  the  privity  of  her 
husband,  may  carry  on  any  trade  or  business,  in  which  case  the  stock 
and  products  of  her  earnings  are  absolutely  her  own,  but  on  the  other 
hand  all  contracts,  either  by  note  or  account,  in  connection  there- 
with, are  lawful  charges  upon  her  separate  estate,  reserving  such 
exemptions  as  provided  by  law  thereto  belonging. 

Montana. — All  separate  estates  of  married  women,  or  earn- 
ings or  emoluments  therefrom,  brought  into  marriage  or  afterwards 
accjuired,  belong  to  her.  The  husband  is  free  from  all  antenuptial 
liabilities.  All  acts  of  the  wife  in  writing  either  in  behalf  of  her 
husband  or  otherwise,  are  binding  upon  her,  unless  obtained  by  com- 
pulsion or  fraud. 

Nebraska. — jNlarried  women  may  own,  devise,  lease,  control, 
and  convey  their  real  estate,  by  (k'L'd  or  by  will,  in  the  same  inan- 
ner  and  with  like  effect  as  il'  she  were  single.  By  law  of  June  1, 
1871,  and  as  amended  February,  l.sVs,  the  jiroperty  real  and  per- 
sonal, which  any  married  woman  may  own  at  the  time  of  marriage, 
and  the  emoluments  thereof,  and  any  real,  personal,  or  mixed  prop- 
erty, which  shall  come  to  her  by  descent,  devise,  gift  of  any  person, 
excepting  her  husband,  or  which  she  shall  ac(juire  by  purchase  or 
otherwise,  shall  remain  her  sole  and  separate  pro])ert3'  •'^'"^  "***'  '^^ 
subject  to  the  disposal  of  her  husband,  or  liable  for  his  debts 
JSIarried  women,  while  the  marriage  relation  exists,  may  bargain, 
sell  and  convey  their  real  and  personal  property,  and  enter  into  any 


216  READY  REFERENCE   MANUAL. 

contract  with  rcfcM'cnce  to  the  H.aine  in  tho  same  mannor,  to  tlic 
same  extent,  and  witli  like  affects,  as  a  married  man  may  in  relation 
to  his  real  and  personal  property.  She  may  sue  and  lie  snod,  as  if 
unmarried;  siie  nni^'  carry  on  a  business  or  trade,  on  her  sole  and 
separat(!  account.  If  married  out  of  tlic  State,  she  shall,  if  her 
liusband  afterwards  becomes  a  resident  of  this  State,  enjoy  all 
rights  of  ])roperty  which  six;  may  have  acquired  by  the  laws  of  any 
other  State,  etc.,  or  by  virtue  of  any  marriage  contract  or  settle- 
ment made  out  of  the  State. 

New  Hampshire. — The  husband  has  no  right  or  control 
over  his  wife's  property  during  her  natural  life,  but  as  his  courtesy 
after  her  decease,  and  aside  from  courtesy  and  dower,  the  husband 
has  the  same  rights  as  heir  to  her  estate,  as  the  wife  would  have  to 
her  husband's,  were  he  dead  and  she  living,  'i'hey  cannot,  how- 
ever, become  indorsers  or  surety  for  any  person's  debt,  other  than 
their  own.  Husbands  are  not  liable  for  antenuptial  debts  of  their 
wife,  if  she  were  under  the  age  of  her  majority,  and  living  in  her 
parents'  home  and  not  making  her  own  living;  Imt  over  her  major- 
ity, the  marriage  places  all  liabilities  incurred  by  her  upon  the 
husband. 

New  Jersey. — A  married  women  can  hohl  property  both 
real  and  personal,  since  the  law  of  1875;  she  can  bind  herself  by 
contract  the  same  as  of  age  and  unmarried,  and  her  contracts  may 
be  enforced  against  her  in  Ikm-  own  name  apart  from  her  husband; 
but  she  cannot  become  an  accoTnmodation  indorser,  guarantor,  or 
surety,  nor  is  she  liable  on  any  ))romise  to  answer  for  the  debt,  de- 
fault, or  liability  of  any  one  or  other  person.  Husbands  are  not 
liable  for  antenuptial  debts  of  their  wife. 

New  Mexico. — Husband's  creditors  cannot  reacli  property 
owned  by  the  woman  at  the  time  of  her  marriage,  and  one-lialf 
of  all  property  accpiired  after  marriage,  but  all  such  property  is 
liable  for  necessities  consumed  by  the  family. 

New  York. — married  women  hold  their  separate  property 
free  from  the  control  of  their  husbands.  Their  obligations,  unless 
given  in  a  business  conducted  by  them,  or  for  the  benefit  of  their 
separate  estate,  are  not  enforceable,  unless  expressly  charged,  at 


MAHUIAOE    mOHTH.  217 

their  privity,  with  the  obligation.  They  can  make  power  of  attor- 
ney, execute,  acknowledge  and  prove  deeds,  as  if  they  were  of  age 
and  unmarried. 

South  Carolina. — Married  women  can  control  all  property 
real  and  personal,  lield  at  time  of  marriage,  or  that  which  slu-  may 
afterwards  acquire,  either  by  gift,  grant  or  inherifanct',  devise  or 
descent,  without  being  in  any  manner  liable  for  the  (U'bts  of  her 
husband  She  can  devise,  bcfpieath  or  dispose  of  the  same  apart 
from  her  husband,  in  a  lik(!  manner  and  with  like  effect  as  if 
she  were  unmarried.  All  debts  of  the  wife  before  marriage,  can  be 
sued  and  charged  upon  tlie  joint  ac(piirements  of  both.  Con- 
veyances, contracts  or  agreements,  between  man  and  wife,  are  re- 
garded as  invalid. 

North  Carolina. — The  real   and  personal  propeily  of  any 
female   in  this  State,  acquired  before  marriage,  and  all  projjcrty 
which  she  may,  after  marriage,  become  entitled  to,  sliall  be  the  sole 
and  separate  i)roperty  of  such  female,  and  shall   not  be  liable   for 
any  debts,  obligations  or  engagements  of  her  husband,  and  may  be 
devised  or  bequeathed,  and  with  the   written  consent  of  her  hus- 
band, conveyed  by  her  if  she  were  unmarried.     No  woman  during 
coverature,  unless  a  free  tratb^r,  shall  be  cai)able  of  making  a  con- 
tract   to   affect  her   estate,  real   or  jiersonal,    without  the  assent 
of  her  husband,  except  for  family  necessaries.     Any   notes,  b  ouds, 
indorsations  or  other  suretyship,  for  her  husband  or  any  other  per- 
son, or  persons,  are  void. 

Ohio. — The  real  and  personal  estate,  and  tlie  rents  ami  in " 
come  thereof,  of  a  married  woman,  are  not  subject  to  her  husband's 
control,  or  liable  for  his  debts.  The  wife  ciinuot  deed  or  moitgage, 
or  incumber  her  real  estate,  unless  her  husband  joins;  but  may 
lease  for  a  term  not  exceeding  three  vears.  The  extent  of  lethal  lia- 
bility  of  a  married  woman  is  sonu'what  uncertain,  but  giMicraliy 
speaking,  she  is  liable  at  law,  wheiu'ver  a  court  of  e(piily  would 
charge  her  separate  estate. 

Pennsylvania. — Since  1848  married  women  retain  their  real 
and  personal  estate,  whether  acquired  before  or  after  marriage,  as 
their  own  separate  property.     It  is  not    liable    for  the  debts  of  the 

14 


218  READY   REFEUENCE   MANUAL. 

liUHbiind;  Ixit  if  ;i  di'lit  be  contracted  hy  the  wife  tor  necessities 
furnished  for  the  Hii])port  of  tlie  family,  lier  property  is  liable  after 
remedy  lias  been  exhausted  ULfainst  the  husljand.  As  a  general 
rule  a  married  woman  can  make  a  valid  contract  for  the  improve- 
ment or  mana<^('ment  of  her  own  separate  estate  without  her  hus- 
band, l»ut  otherwise  she  cannot;  if  credit  be  ^iven  her,  even  though 
<'nti;ag«'il  in  busiiu'ss,  no  remedy  can-be  had  against  her,  and  the 
goods  sold  her  cannot  be  retaken  by  the  vendor.  She  cannot  giv«^ 
a  bond,  but  she  cm  mortgage;  her  real  estate  to  secure  a  loan,  to 
oiu-  not  her  hus]);ind.  Her  earnings  however  belong  to  lier  lius- 
band,  and  may  be  taken  in  execution  by  her  or  his  creditors  unless 
secured  to  lier  by  proceedings  according  to  law,  and  recorded 
as  such,  to  the  notice  of  such  creditors.  When  a  married  woman 
clai^is  property  levied  upon  by  tiie  husljaixl's  creditors  as  his,  she 
must  show  clearly  to  the  court  that  she  owiu'd  the  same  at  the  time 
of  her  marri.ige,  or  that  she  has  since  acipiired  it  by  gift,  beipiest 
or  inheritance,  or  it  is  the  property  proceeds  of  such  acquired  free- 
hold or  personalty.  \lor  husb.and  must  be  a  i)arty  to  all  incumber- 
ances  and  conveyances  of  her  real  estate,  as  to  her  rights  and  his 
of  devising  proj)erty.     See  wills  for  the  State. 

Rhode  Island. — Property  of  a  married  woman,  secured  to 
her  use,  is  not  liable  for  her  husliand's  debts.  She  may  sell  her 
sejiarate  goods  and  (chattels,  except  furniliire,  ])I;ite,  and  jewelry, 
and  any  contract  m;ule  in  regard  thereto  renders  her  separate  prop- 
erty li.able.  She  cannot  by  any  means,  carry  on  any  trade  or  busi- 
ness, unless  her  husband  is  insane,  idiotic  or  civilly  de.ad.  Husband 
is  not  in  any  manner  liable  for  the  liabilities  of  his  wife  prior  to 
their  marri.age. 

Tennessee. — Married  women  can  hold  real  and  personal 
propert}"^  separate  from  their  husbands,  and  which  neither  the 
husband  or  his  creditor  can  in  an}"^  majiner  by  law  control.  The 
husband  is  responsible  for  his  wife's  antenuptial  debts '(the  laws  of 
the  State  interpret  the  vow  "for  better  oi'  wors(>  "  with  all  its  ful- 
ness.) 

Texas. — All  property,  both  real  and  personal,  of  the  husband 
or  wife,  owned  by  him  or  her  before  marriage,  and  that  .ac(piired 
afterw.ards  by  gift,  devise  or  descent,  as  also   the  increase  of  all 


MARRIAGE    RIGHTS.  210 

lands  thus  acciiiirod,  is  tho  separate  property  of  her  respectively, 
provided  tli.at  the  hushaiid  sliall  have,  during  marriage,  the  exchi- 
sive  control  of  the  same.  All  property  otherwise  aeipiired  during 
ooveratnre,  by  either  party,  is  community  ])roperty  and  liable  for 
their  joint  debts.  The  husband  cannot  by  bed  and  board  adver- 
tisement, exempt  himself  from  the  responsibility  of  her  mainten- 
ance. The  separate  estate  of  both  as  hereinbefore  described,  is 
holden  for  the  maintenance  of  the  family,  or  improvements  upon 
the  same. 

Vermont. — (l)  As  real  estate  belonging  to  a  married  woman 
is  conveyed  by  joint  deed  of  husband  and  wife,  but  she  is  not 
bound  by  any  covenant  in  such  a  deed,  her  homestead  right,  not 
exceeding  $500  in  value,  in  real  estate  of  husband,  kept  by  him  as 
such  homestead,  is  not  affected  by  his  deed  thereof  uidess  slie  join 
in  tho  acknowledgement  and  execution  of  the  same,  except  in  case 
of  mortgage,  at  time  of  purchase,  for  balance  of  purchase  money. 
The  rents,  issues  and  products  of  her  real  estate,  liers  before  mar- 
riage, or  becoming  such  during  coverature  by  gift,  grant,  devise, 
or  irdieritance,  the  moneys  and  obligations  arising  from  the  sale 
thereof,  and  her  husband's  interest,  therein  in  her  right,  is  exempt 
during  coverature  from  execution,  attachment  or  trustee  process  of 
hus])aiid's  sole  debts  with  proviso,  that  such  annual  pro(bicts  are 
not  so  exempt  from  his  liabilities  for  necessaries  of  wife  and  family, 
or  for  cultivation  or  improvement  of  such  estate.  She  must  join 
in  conveyance  of  such  interests.  A  mechanic's  lien  may  be  charged 
upon  her  real  estate,  when  she  assents  to  a  contract  to  be  enforced, 
and  in  suit  thereon  she  may  be  joined  with  her  husband  and  cover- 
ature is  no  defence.  When  abandoned  by  her  husband,  or  when 
he  is  in  prison,  the  Supreme  Court  may  authorize  her  to  sell  her 
real  estate,  and  the  proceeds  may  be  used  by  her  durir.g  his  absence 
for  necessary  support  of  her  self  and  family.  A  chancellor  may 
allow  the  use  and  benefit  of  her  real  estate  apart  from  her  husband, 
wherein  criminal  conduct  and  illusage  would  warrant  a  separation 
or  divorce.  A  married  woman  can  devise  her  I'cal  estate,  or  any 
interest  therein  descendable  to  her  apart  from  him.  (2)  As  to  per- 
sonal projjerty,  all  personal  rights  acquired  by  marriage  and  pos- 
sessed under  the  coverature  thereof,  by  inheritance  or  distribution, 
are  held  by  her  to  her  sole  and  separate  use.     Stocks  or  bonds  of 


220  READY   RKFERENCE   MANUAL. 

uiiy  kiiif],  given  by  parent  to  daujifhtor,  are,  with  procccilH  ami  <livi- 
<lcii<l«  thciroof,  hers,  if  married,  tiio  same  as  sole,  and  are  not  liahh' 
for  the  <k'htH  of  her  huHl)and,  except  under  the  same  proviso  as 
above  in  respect  to  annual  jtroducts  of  lier  real  estate.  Any  mar- 
ried woman  whoso  husband  has  deserteil  her,  or  from  intemperance 
or  otlier  cause  nej^lects  to  provide  for  lier  or  his  f:imily,  may  in  lier 
own  name  contract  and  recover  for  the  labor  of  herself  and  minor 
cliildren,  and  upon  petition  to  County  Court  may  l»e  vested  with 
ri<j[hts  and  liabilities  of  an  unmarried  woman.  The  husband  sliiili 
not  bo  liable  upon  such  contracts  made  by  her.  When  abandoneil 
by  her  husband,  or  wheii  he  is  in  State  prison,  the  Supreme  Court 
may  autiiorize  her  to  sell  any  personal  estate,  which  shall  at  the 
time  have  come  into  the  community  of  them  both  by  reason  of  mar- 
riage and  which  is  in  the  State  and  indisposed  of  by  him,  and  the 
proceeds  may  be  used  by  the  woman  for  her  own  and  the  family 
maintenance.  When  her  husband  is  in  prison  she  may  transact 
business  on  her  own  account,  and  sue  and  be  sued  as  if  she  were 
unmarried.  Where  (rause  of  action  accrues  during  his  imprisonniont, 
a  married  w()i:in  can  bind  her  husband  as  his  agent,  and  also  for 
the  necessaries  he  does  i\ot  provide. 

Virginia. — By  the  laws  of  1877,  Chap.  .T2n,  apj)roved  A])ril 
4,  1877,  the  real  and  ])ersonal  property  of  a  married  woman,  f>wncd 
at  the  time  of  her  marriage,  or  ac(piired  by  her  after  marriage,  is 
not  liable  to  the  control  of  her  husband  or  for  his  debts.  Amended 
by  the  Acts  of  the  Legislature  of  1m7H,  that  makes  the  ownership 
and  liability  two  distinct  rights.  Husband  cannot  1)0  held  fftr 
his  wife's  antenuptial  debts. 

Wyoming  Territory. — Married  women  hold  their  separate 
real  and  personal  property,  acquired  before  marriage  or  after,  and 
its  increase,  free  from  control  of  husband  and  exempt  from  bis 
debts.  Can  devise  or  bequeath,  sue  or  be  sued,  and  carry  on  trade 
as  if  single. 

Wisconsin. — Married  women  may  sell,  convey  and  devise 
their  separate  estate  both  real  and  personal  as  single.  Husband 
need  not  join  in  deed  of  wife's  separate  estate  ;  and  the  wife  need 
not  join  in  his  deeds.  The  husband  is  not  liable  for  his  wife's  an- 
tenuptial debts.     The  wife  may  sue  and  be  sued  separate  from  her 


MAltltlACK    ItlGHTH.  221 

LuHbtiiiil.  She  cHii  oinbiirk  in  buHincHB  (but  not  in  co-piirtiierHhii)) 
on  hw  Bolo  ami  iiuk'ponilent  iiccuuut,  ami  all  obli^'atioiiH  ini'umd 
she  is  aluue  renponHiblo  for,  and  all  ouioluiuonts  thort«froiu  aro 
berH. 

Washington  Territory. — Maniotl  women  only  hold  prop 
erty  owned  at  tiuu;  of  marriaj^e,  or  acquired  afterwardH  by  inherit- 
ance, gift,  beipieatb,  devise  or  dest-eut,  free  and  dear  from  her  hus- 
band.    All  other  anjuired  under  coverature  is  community  pioperty. 
Antenuptial  debts  are  not  allowed  against  huKbiiud. 

West  Virginia. — Married  women  by  the  (Jode  of  1H68,  chap 
ter  18(i(J,  all  the  property  real  and  i)orsonal,  owned  by  a  married 
woman  at  the  time  of  her  marriage,  or  subse<|ueutly  accpiired  by 
her  in  any  way,  from  any  person  other  than  her  husband,  is  her  sole 
and  separate  proi)erty,  free  from  the  control  and  debts  of  her  hus- 
band. She  can  sell,  convey  and  devise,  this  property,  freely  as  if 
she  were  unmarried,  provided  that,  in  case  of  real  estate  her  hus- 
band must  join  in  deed.  A  married  woman  cannot  carry  on  trade  or 
business  unless  she  is  living  separate  and  apart  from  her  husband. 
All  the  debts  of  the  wife  after  she  becomes  of  age,  and  prior  to  her 
marriage,  the  property  of  the  husband  becomes  responsible. 

DOMINION  OF  CANADA. 

Province  of  Ontario. — A  woman  married  before  4th  of 
May,  1859,  may  hold  property  not  then  reduced  to  possession  of 
her  husband.     Page  11G3,  Sec.  2,  Chap.  I'i.-j,  11.  S.  O. 

Sku.  ;i. — A  woman  married  before  May  4th,  1859,  is  liable  for 
the  debts  of  her  husband.  All  married  women  between  18.')9  and 
1872,  may  hold  property  real  only,  free  from  the  debts  of  her  hus- 
band or  his  control. 

Sec.  4. — All  married  women  whose  marriage  has  been  since 
March  2,  1872,  may  hold  any  property  free  from  any  estate  or  claim 
of  their  husbands,  during  her  life. 

Sec.  5.  Amends  all  former  clauses  and  acts  and  sots  forth 
that  all  married  women  previous  to  the  passing  of  it  (March,  1872), 
can  hold  their  separate  estate  free  from  all  liability  of  their  hus- 
band. 


222  HEADY  uefeukn(;e  manual. 

M;irrit'(l  womurrH  property  i.s  lialile  jointly  with  tlii'ir  Iiiih- 
biimi'H  ill  all  uctioiiH  uf  tortH.  Tlic  porHotial  ciiriiiii^M  of  n  iiiiirrii-d 
woiiiuii  :u'u  nut  liable  fur  her  hushaiurH  (h'htH.  A  huHhainl  Ih  not 
liable   for  any  antenuptial  dehts  of  liiH   wife.     See.  17,  ehap.  126, 

u.  s.  o. 

Any  married  woman  shall  !>»•  liable  on  any  contract  made  by 
her  respceting  her  real  estate,  as  if  she  were  unmarried  and  of  full 
age.  She  can  be  Hued  and  8ue  in  her  own  name.  They  can  insure 
their  own  liveB  or  that  of  their  husbands,  can  own  stocks,  and 
vote  at  all  meetings,  may  deposit  in  bank  and  check  out  for  her 
own  separate  account,  (^'an  devise  all  their  real  and  personal  prop- 
erty.    The  rights  of  antenuptial  marriage  settlements  are  valid. 

Province  of  Quebec. — Married  women  if  engaged  in  busi- 
ness obligate  themselves  for  all  that  relates  to  their  commercial 
affairs,  ;ind  if  common,  as  to  jtroperty  with  their  husl)ands.  bind 
the  latter;  if  separate,  as  to  property,  they  must  register  a  detrlara- 
tion  to  that  effect,  unless  otherwise  stipulated  by  antenuptial  con- 
tract of  marriage,  or  by  a  decree  of  the  court  granting  separation 
of  property.  Husband  and  wife  marrie<l  without  contract  of  mar- 
riage hold  their  property  in  common — all  kinds  of  agreements  may 
be  lawfully  made  in  contracts  of  marriage,  even  those  which  in  any 
other  act  would  be  void,  such  as  the  renunciation  of  successions 
which  have  not  yet  developed,  the  gift  of  future  pr()j)erty,  etc. 
Married  women,  separated  as  to  property  from  their  husbands,  may 
own  real  estate,  and  can  manage  and  administrate  the  saine  inde- 
pendent of  their  hu8l)and.  She  cannot  sell  or  alienate  without  his 
consent  "in  writing,  or,  upon  his  refusal,  the  authorization  of  a 
judge.  Husbands  are  liable  for  the  debts  of  their  wives,  incurred 
for  the  maintenance  and  support  of  the  common  establishment,  but 
not  for  those  of  a  separate  one,  if  being  separated  as  to  property, 
she  having  voluntarily  left  liis  domicile  without  legal  cause.  After 
marriage,  consorts  cannot  alter  marriage  covenants,  nor  confer  any 
benefit  on  each  other  except  in  the  matter  of  life  insurance. 
Women  attain  their  majority  at  21  or  at  marriage.  All  marriage 
covenants  must  be  registered  within  thirty  days  of  the  marriage  if 
the  husband  is  a  trader,  or  within  thirty  days  of  his  becoming  a 
trader,  to  avail  against  his  creditors  in  the  event  of  subsequent 
insolvency. 


MAititiAoi:  KKiirrs.  223 

Province  of   New  Brunswick. -Murri*.!  woimn.     The 

nal  .iM.l  |..r.„n,il  ,,n.|,..rfy  l.,.|.,i.jri„jr  to  u  wcm.-ii,  In-foiv  or  .•k-.tu- 
iii.i,'  aft.r  m.ini.i^r,.,  ,.xc,.,,t  su.-li  as  may  Ih-  n-criv...!  fn„„  ju  .■  ,„„. 
IkiikI  Willie  MianiiMJ,  nhall  vest  in  hu-  aii.l  Ik-  „w„...1  l,y  Iut  aw  Iut 
Ni'piuate  i-htate,  aii.l  cannot  he  hcmzimI  for  her  huMl.an.rs  dihts,  l,„t 
he  must  j..ln  in  all  conveyances.  If  uife  lives  separate  an.l  apart 
''••.n.l.er  husl.aml,  she  can  dispose  of  it  in  a  like  manner  as  if  un- 
rn.irne.l.  If  wife  abandon..!  .,r  .l.serte.l  l,y  hnshan.l,  shall  h..l.| 
|.r.,p,.rty,  .-arry  on  I.Msin,..ss,  sne  an.l  I,e  sne.i,  as  if  unmarrie.l,  an.j 
the  hushan.l  shall  have  n..  interest  in  ..r  ontrol  over  her  property 
llushan.l  is  liable  for  the  antenuptial  .l..l,ts,  to  the  extent  of  what 
personalty  he  becomes  seize.l  .»f  by  marriai,'e,  through  jier. 

Province  Of  Nova  Scotia.-  All  pers.,nal  property  ..wne.I 
l»y  the  wife  at  the  time  of  marria-..  or  a.-.,uire.l  afterwar.ls  (unless 
trusted  for  sole  benefit)  be.-om..s  the  property  of  the  Inisban.).  She 
nmy  hol.I  real  ..state  in  her  own  nanu-,  but  cannot  make  any  dis- 
|>os.ti.,n  of  it  ..nly  at  her  h.isban.i's  privity  (she  must  "love,  honor 
and  obey  "  all  the  same). 


PART  III.— CI  I AP.  IV. 

DIVOUOE      t-AWS    OF    THE      DIKKKUKNT    STATUS      IN      THE    INITED    STATES 
AND    I'KOVINCKS    Ol"    CANAIM. 

Alabama. — The  <^n)uii(ls  niion  wITkOi  a  decree  of  divorce 
can  he  obtained  are  as  follows:  In  favor  of  tlie  plaintiflf  when  the 
defendant  was  at  time  of  marriage,  iiliysicaliy  and  incurahly  iii- 
pacitati'cl  or  impotent;  adultery;  wilful  desertion  for  two 
3  ears;  imprisonment  in  penitentiary  for  at  least  two  years  or  over 
where  seiitenire  was  at  least  for  seven  years;  commission  of  crime 
ai^ainst  nature,  before  or  after  marriage;  habitual  drunkenness. 
To  husband,  when  wife  was  pregnant  at  time  of  marrige,  and  un- 
known to  him.  To  wife,  for  actual  violence  on  her  person.  5478 
divorces  have  been  granted  by  the  courts  since  1807  to  1880. 

Arkansas. — The  statute  specifies  no  previous  residence;  de- 
crees are  granted  on  the  following  being  substantially  proved  by 
others  than  tlie  litigants:  Impotency;  adultery;  desertion  for  one 
year;  habitual  drunkenness;  when  the  defendant  commits  bigamy; 
insanity;  conviction  for  the  crime  of  felony.  4005  decrees  have 
been  granted  from  1807  to  1880  inclusive. 

Arizona. — Dissolution  of  the  marriage  vows  and  contracts 
can  be  obtained  after  six  months'  residence  in  the  territory  for  the 
causes,  namely:  Adultery;  wilful  desertion  for  otie  year,  preced- 
ing the  filing  of  the  application;  habitual  drunkenness;  iidiuman 
treatment;  imprisonment  for  crime.  1850  divorces  since  its  organ- 
ization as  a  territory  in  180;<  to  1880  have  been  granted. 

California. — Civil  cod(!  of  California  sets  forth  the  causes 
for  which  divorces  from  the  marriage  contract  can  be  had  as  fol- 
lows: Previous  residence  not  provided;  failure  to  properly  pro- 
vide for  one  year;  adultery;  extreme  cruelty;  wilful  neglect  of 
duty;  habitual  intemperance  in  opium  or  other  narcotics  or  liquids; 
conviction  of  felony.  12,118  decrees  have  been  granted  since  1807 
to  1880. 


BIVOltCE  LAWS.  225 

Colorado. — After  oiu-  year's  reHideiice  a  deeree  of  divorce 
can  be  obtained  for  tlie  following  causes:  Adultery;  wilful  deser- 
tion ft)r  one  year  next  i)reeeding  the  tiling  of  the  application;  cruel 
treatment  ;  non-support  for  one  year.  3211  decrees  have  been 
granted  from  1^<G7  to  188G. 

Connecticut. — 'J'hree  years'  residence  is  required  for  right  to 
apply  for  divorce  decree,  the  causes  by  law  are  as  follows:  Wilful 
desertion  for  three  years;  extreme  cruelty;  adultery;  imprison- 
ment for  felony  or  other  crime  for  life;  seven  years'  absence,  dur- 
ing all  of  which  time  the  defendant  has  not  been  lieanl  from; 
fraudulent  contract  ;  habitual  drunkenness;  any  infamous  crime, 
involving  a  violation  of  the  conjugal  duty.  The  statute  does  m)t 
prohibit  tin;  marriage  again  of  the  same  parties.  ;!1U4  decrees  have 
bcLU  issued  from  18U7  to  IMSO. 

Dakota. — The  statue  provides  after  ninety  days'  residence 
within  the  territory,  divorce  decrees  can  be  secured  for  the  follow- 
ing causes :  Wilful  desertion  for  cue  year  immediatly  preceding 
the  application;  habitual  intemperance;  conviction  for  felony;  ex- 
treme cruelty  ;  adultery.  The  number  of  divorces  giautc  d  since  18G7 
have  been  computed  to  188G  and  given  at  3989. 

Delaware.— The  violation  of  the  marriage  vows;  wilful  de- 
sertion for  three  years;  inhuman  treatment;  habitual  drunkenness; 
imprisonment  for  felony.  The  statute  does  not  provide  for  ))rior 
residence  within  the  state.  1945  decrees  have  been  granted  within 
twenty  years  from  1807  to  188(i. 

Georgia. — In  order  to  obtain  an  absolute  decree  of  divorce, 
the  cause  must  be  tried  before  two  juries;  if  the  first  jury  finds  a 
bill,  it  is  then  continued  over  until  the  next  term  of  court,  and  all 
the  evidence  is  submitted  to  a  new  jury  and  if  they  find  the  facts 
to  warrant  a  final  decree,  it  is  granted.  The  causes  for  the  same  are: 
Violations  of  the  marriage  vows;  wilful  desertion  for  three  years; 
mental  incapacity  at  the  time  of  marriage;  inhuman  treatment;  im- 
prisonment for  felony;  fraudulent  contract;  habitual  drunkenness  for 
two  years;  living  three  years  with  defendant  when  he  (  or  she)  thinks 
through  belonging  to  a  society,  regarding  the  marriage  relation  un- 
lawful.    Decrees  granted  from  1807  to  188G,  2643. 


226  UEADY  REFERENCE  MANUAL. 

Florida.— -Divorces  can  be  obtained  where  the  parties  have 
lived  one  year  next  to  the  filing  of  the  ai)j)liciitiou  within  the  slate, 
upon  the  ])roof  of  the  following  cauhes  :  Desertion  for  one  year; 
adultery;  intolerable  cruelty;  iniprisoument  for  crinie;  indignities 
that  make  life  burdensome.  7543  divorce  decrees  have  been  granted 
from  18(57  to  188G  inclusive. 

Ir.iiana. — In  all  cases  the  plaiutift'  must  have  lived  within 
the  state  for  two  years,  ne.\.t  preceding  the  filing  of  the  application 
for  bill  of  divorce,  when  upon  the  proof  of  the  following  named 
causes  a  decree  will  issue:  Adultery;  wilful  desertion  for  two 
years;  nonsupport  for  two  years,  when  abundantly  able;  impiison- 
ment  for  felony:  extreme  cruelty;  impotency  at  the  time  uf  marriage; 
habitual  drunkenness.  25,11)3  divorces  granted  from  18(57  to  1886, 
within  the  state. 

Idaho. — A  residence  within  the  state  by  the  i)laintift'  of  six 
months  is  reipiired.  Divorces  can  be  had  in  cases  of — fraudulent  con- 
tract; failure  to  2)r{)vide  for  two  years;  adultery;  inhuman  tieatment; 
wilful  desertion  for  one  year;  imprisonment  for  crime;  habitual 
drunkeuuess.  10G5  decrees  were  granted  from  18(57  to  188(5  in- 
clusive. 

Illinois. — A  bona  fide  residence  of  one  year  next  preceding 
the  application,  by  plaintitl'  is  imperative,  and  that  no  collusion  be- 
tween the  parties  existed,  decrees  on  the  following  grounds  can  be 
obtained:  The  Supreme  Court  has  full  jurisdiction  and  for  adultery; 
impotency  at  the  time  of  marriage;  attempt  to  take  plaintiff's  life; 
extreme  and  wanton  cruelty;  habitual  intemperance;  conviction  and 
imprisonment  for  a  felony;  wilful  desertion  for  two  years;  defend- 
ant committing  bigamy.  The  law  does  not  prohibit  marriage  of  the 
same  parties  again,  but  would  regard  it  as  a  good  ground  to  refuse 
a  second  application.  From  18(57  to  1886  there  were  36,067  de- 
crees granted,  being  double  as  many  as  any  other  average  state  in 
the  Union. 

Iowa. — One  year's  previous  residence  next  preceding  the  filing 
of  the  application  for  a  bill  is  reijuired  by  the  statute.  The  following 
are  the  causes  for  which  a  decree  can  be  had:  Adultery  by  either 
party  previous  to  marriage,  and  unknown  to  plaintift";  conviction  of 
felony  before  marriage  and  unknown  to  plaintiff  or  after  marriage, 


DIVORCE  LAWS.  227 

but  applicatiou  must  be  in  such  case  filed  during  the  defendant's 
servitude ;  inhuman  treatment ;  wilful  desertion  for  two  years ; 
habitual  drunkenness.  From  18(57  lo  1880,  16,5(54  bills  were 
granted. 

Kentucky. — Divorces  are  granted  by  the  district  court.  The 
plaintiff  must  be  a  resident  for  one  year  of  the  state  next  preceding 
the  filing  of  the  application.  The  causes  must  be  established  by 
iudepeudent  testimony  are,  viz.:  Impotency  or  malformation  such 
as  destroys  proper  marital  relations  ;  living  apart  without  cohabita- 
tion for  five  years ;  wilful  desertion  for  one  year ;  ungovernable 
temper ;  condemnation  for  felony ;  concealment  from  plaintill"  of 
any  loathsome  disease,  existing  at  time  of  marriage  or  afterwards 
secretly  contracted  by  adulterous  living ;  force,  duress  or  fraud  in 
marriage ;  settled  aversion  caused  by  uniting  with  any  leligious 
society  that  forbids  by  its  discipline  and  conduct,  alter  the  marriage 
contract,  and  forbids  marital  relations,  tending  to  destroy  all  peace 
and  happiness ;  confirmed  drunkenness,  of  one  year's  duration, 
thereby  causing  a  wasting  of  the  estate  rendering  non-support  to 
wife  and  family  ;  adultery  or  lewd  conduct  indicating  inchastity 
without  proof  of  adultery.;  pregnancy  of  wife  to  other  than  her 
husband  at  time  of  marriage ;  imprisonment  before  marriage  and 
unknown  to  plaintifi' ;  the  contestants  can  remarry  again,  but  are 
debarred  from  further  application  for  second  divorce  ;  collusion  or 
confession  to  petitions  are  not  admitted.  10,248  decrees  were 
issued  from  1867  to  1886. 

Kansas. — The  statute  ro(piires  plaintiflf  in  an  action  for 
divorce  to  be  an  actual  resident  in  good  faith  within  the  State  for 
one  year  previous  to  the  filing  of  the  petition,  and  a  resident  of  the 
county  where  the  application  is  filed.  'I'iie  grounds  for  divorce  are 
as  follows:  Adultery;  gross  neglect  of  duty;  wilful  desertion  for 
one  year;  having  another  lawful  wife  (or  husband  as  the  case  may 
he)  living  at  the  time  of  marriage;  impotoncry  at  time  of  marriage; 
when  wife  was  pregnant  at  time  of  marriage,  and  the  same  to  be 
the  progeny  of  illicit  intercourse;  habitual  drunkenness;  imprison- 
ment for  felony  or  other  outlan<lish  crimes,  application  need  tiot 
necessarily  he  filed  during  servitude.  Any  person  having  a  decree 
of  divorce  in  any  other  state  or  country,  and  has  become  a  resident 
of  the  State  and  can  effect  service  of  divorce  i»aper8  upon  the  de- 


228  READY  ItEFERENCE  MANUAL. 

foii<l;iiit  witliiii  lliis  State,  can  obtain  a  divorcu  valid  wlii'ie  the 
divorci'  I'loiii  bed  and  board  was  granted.  The  nundjer  of  decrees 
granted  from  IHOV  to  IHHO  were  87G5. 

Louisiana. — No  decree  can  be  liad  in  this  State  for:  Habit- 
ual drunkenness;  inij)risoninent  for  feh)ny  or  other  crime;  faihire 
to  provide  or  cruel  and  abusive  treatment  or  wilful  or  voluntary 
desertion.  Decrees  are  granted  for:  Adultery  by  spouse  (all 
women  are  called  spouses  and  counties  are  called  parishes  in  this 
8late);  public  defamation  by  defendant  of  plaintiff;  attempt  of 
the  defendant  to  take  the  life  of  plaintiff.  4;i2  decrees  (the  lowest 
in  any  state  in  the  Union  only  Scnith  Caroliiui  where  no  divorce 
court  exists)  granted  in  this  State  from  l.s(J7  to  1880.  When  de- 
crees are  granted  in  this  State  to  plaintiff  and  if  there  are  any 
children  under  age,  the  court  orders  a  ct)ntiscation  of  any  property 
that  defendant  may  possess  for  the  maintenance  of  the  family. 
This  is  discn;tionary  with  the  chancellor  who  presides,  and  is 
seldom  ever  imposed. 

Michigan. — A  full  divorce  from  the  chains  of  wedlock  can 
be  obtained  by  aj)plication  of  the  aggrieved  party,  for  adultery; 
impotency;  imprisonment  for  three  years  (pardon  after  divorce 
does  not  restore  conjugal  rights);  desertion  for  two  years;  habit- 
ual drunkenness;  where  divorce  has  been  obtained  by  tlie  other 
party  in  another  state.  Divorce  from  bed  and  board  for  a  limited 
time  or  for  life  may  be  granti'd  for  the  following  causes:  Extreme 
cruelty;  personal  violence;  two  years'  wilful  desertion;  or  on  com- 
plaint of  the  v\ife  when  husband  is  able  to  provide  suitable  mainte- 
nance for  her,  and  neglects  so  to  di.  Residence  in  the  State  for 
one  year  next  preceding  the  aj»i)licaiion,  is  necessary  or  from  mar- 
riage to  the  time  of  making  the  application,  if  the  marriage  was 
made  under  the  laws  of  the  State.  18,433  decrees  have  been 
granted  from  1807  to  1886,  within  the  State. 

Maryland. — The  court  of  ecpiity  has  sole  jurisdiction.  Two 
years'  residence  within  the  State  is  recjuired  in  order  to  avail  the 
benefit  of  the  statute  in  applications  for  divorce.  The  grounds 
that  the  court  will  grant  absolute  decrees  are  as  follows:  Impo- 
tency at  time  of  nnirriage;  any  cause  which  renders  a  nuirriage 
yoid  by  being  under  age,  having  another  husbami  or  wife  (as  the 


DIVORCE   LAWS.  220 

case  may  be)  living;  fraiuliilont  contract;  adultery;  abandonment 
iininternipted  lor  three  years;  carnal  interconrse  of  a  woman  with 
other  tliaii  her  liusy)and,  prior  to  licr  marria<fe  ami  unknown  to 
liini.  Se2>(iratioii  nr  partial  divorce,  without  liberty  to  remarriage, 
lies  for  the  following  causes;  Cruel  treatment;  excessive  an<l 
vicious  conduct;  abatidonnu'nt  and  non-sujiport  for  one  year.  5;!'24 
decrees  have  been  granted  within  the  State  from  18(17  to  18S(>. 

Maine. — A  year's  previous  residence  by  the  ]>Iaintifr  admits 
an  application  to  bi'  made  for  the  following  ca\ises  in  the 
divorce  court:  Adultery;  extreme  cruelty;  impotency;  utter  de- 
sertion for  three  years;  faihire  to  provide  and  nvaintain  the  family, 
no  particular  time  specilied;  where  both  parties  are  guilty  of  adul- 
tery, no  divorce  can  be  obtaineil;  the  j^arties  can  both  be  witnesses 
in  their  own  behalf;  contirmed  vices  or  habits  of  beastly  intoxica- 
tion, causing  disreputable  and  notorious  defamation  are  substantial 
grounds  in  all  cases  on  the  part  of  either.  Tiie  co\irts  have  issued 
4.120  decrees  froTu  18(57  to  188(5. 

Massachusetts. — Three  years'  residence  of  the  plaintiff  en- 
titles a  right  to  tile  a  bill  for  divorce  in  any  of  the  following 
causes:  Adultery;  impotency;  extreme  cruelty;  utter  desertion 
for  three  consecutive  years  next  to  iiiing  of  the  bill  of  complaint; 
confirmed  drunkenness  for  at  least  one  year  next  preceding  the 
complaint;  the  wife  can  s(>eure  a  decree  from  husband  where  he 
wilfully  neglects  to  provide  sufticient  maintenance;  no  decree  can 
be  obtained,  where  it  is  shown  the  parties  have  never  lived  as  man 
and  wife  within  the  commonwealth.  J)ccrees  can  be  procured 
wliere  either  party  joins  any  religious  society  or  body  that  by  their 
discipline  alienates  the  power  and  sacreibiess  of  the  marriage  cove- 
nants; imprisoiunent  for  high  crimes.  The  defendant  cannot  re- 
marry for  two  years  and  the?)  he  must  receive  a  license  from  the 
court.     From  18(57  to  18S0  the  court  issued  5089  deci'ees. 

Minnesota. — One  year's  residence,  or  being  married  within 
the  State,  is  provided  by  the  statute.  Divorce  decrees  are  granted 
for  the  following  causes:  Adultery;  impotency;  cruel  and  inhu- 
man treatment;  where  eitlu'r  party  after  marriage  have  been  in\- 
prisoned  for  any  infamous  <M-ime;  wilful  desertion  of  one  [>arty 
from   the   other  for  three   years    next  preceding  the  application; 


230  READY   REFERENCE  MANUAL. 

abandonment  of  wife  l)y  liiisbantl  and  Iuh  nct^lcct  to  sufficiontly 
provide  for  her  according  to  liis  ineanw;  liabitual  (bunkenncss  for 
tlie  8j)acc  of  one  year  previous  and  up  to  tlic  filing  of  the  applica- 
tion; conduct  at  variance  witli  true  conjugal  relations,  rendering 
life  and  lionie  intolerably  unliappy.  V)1><i  decrees  have  been  granted 
within  the  past  'JO  years  in  this  State. 

Mississippi. — One  year's  actual  domicile  is  required  within 
tliis  State.  Upon  establishing  to  the  satisf.action  of  the  following 
causes  they  will  relieve  the  injured  i)arty  from  the  marriage  estate: 
Obstinate  desertion  for  two  years;  habitual  drunkenness  for  two 
years;  adultery;  imprisonment;  cruel  treatment;  violence  of  any 
kind  leaving  marks  of  the  same;  impotency  at  time  of  marriage  or 
afterwards  contracted  by  licentiousness;  pregnancy  of  wife  at  time 
of  marriage,  clandestinely  imposed  on  the  husband  at  time  of  mar- 
riage by  previous  adultery.  The  court  can  make  all  decrees  partial 
or  absolute  asthoy  deem  proper.  From  18(57  to  188G  the  courts  is- 
sued 3542  decrees  'vithin  the  state. 

Missouri. — The  statute  makes  no  provision  for  previous  res- 
idence. Divorce  decrees  issue  where  any  of  the  subuequent  causes 
are  established:— Defendant  offering  such  indignities  as  make 
life  intolerable;  imprisonment  for  felony;  habitual  drunkeness  for 
one  year  previous  to  the  application  being  tiled;  adultery;  absenting 
without  reasonable  cause  for  the  period  of  one  year;  living  under 
cruel  and  abusive  treatment.  All  criminal  causes,  or  adultery  wdiich 
are  substantial  causes  after  marriage,  are  equally  good  if  proven  to 
have  existed  previous  to  marriage,  and  were  clandestinely  witheld 
from  the  plaintiff,  and  never  condoned  by  the  injured  paity  in  any 
way.  From  the  year  1867  to  188G  the  courts  granted  15,278 
decrees. 

Moilta>Iia. — One  year's  residence  next  preceding  the  applica- 
tion is  required  under  the  statute,  The  court  grants  relief  for  the 
following  causes :  Adultery  ;  impotency  at  time  of  marriage  ;  impris- 
on?nent  for  felony  ;  extreme  cruelty  ;  wilful  desertion  for  one  year  ; 
habitual  drunkenness.  The  number  of  decrees  granted  from  18G7 
to  1880  in  the  aggregate  are  3,415. 

New    Hampshire. — The  Supreme   Court   has   jurisdiction. 


DIVORCE    LAWS.  231 

The  causes  are  as  follows  :  Joining  any  religious  sect  that  believes 
marriage  unlawful,  and  refusing  to  cohabit  six  months;  wilful 
desertion  for  three  j-ears  next  preceding  the  filing  of  the  libel; 
habitual  drunkenness ;  absenco  without  being  heard  from  for  a 
reasonable  time  ;  impotency  at  time  of  marriage.  One  year's  previ- 
ous residence  in  the  State  as  man  and  wife  shall  be  proved  or  no 
decree  can  be  obtained.  The  number  of  divorce  bills  granted  from 
the  year  1807  to  1888  is  2943. 

New  Jersey. — The  Superior  Court  has  jurisdiction.  Adul- 
tery ;  habitual  desertion  for  three  years;  impotency  at  time  of  mar 
riage  ;  intolerable  cruelty  for  eighteen  months  ;  and  all  the  fraudu- 
ulent  causes,  a7id  such  as  come  under  the  lawful  age  of  understand- 
ing, the  court  dissolves.  In  cises  of  desertion  three  year's  prior  res- 
idence in  the  State  must  be  shown.  Habitual  drunkenness,  impris- 
onment for  felony,  and  gross  neglect  of  duty,  the  court  grants  bills 
of  separation  only. 

New  York. — Absolute  divorce  can  only  be  obtained  for  one 
cause,  viz.:  Adultery,  subject  to  the  following  facts  to  be  proven: 
Where  both  parties  were  residents  of  the  State  when  the  offence 
was  committed ;  where  the  parties  were  married  within  the  State ; 
where  plaintifl'  was  resident  of  the  State  when  the  offense  was  com- 
mitted and  is  a  resident  thereof  when  the  action  is  conimenced,  or 
when  the  offense  was  committed  within  the  State,  and  the  injured 
})arty — when  the  action  is  commenced,  is  a  resident  of  the  State, 
Sepdrdtioii  can  be  obtained  from  bed  and  board  forever,  or  for  a 
limited  time,  when  the  following  causes  can  be  maintained:  Cruel 
treatment  by  the  defendant;  conduct  on  the  part  of  the  defendant 
as  may  render  it  unsafe  and  imi)roper  for  conjugal  relations  to  exist ; 
neglect  of  the  husband  to  sufficiently  provide,  according  to  his 
means,  for  his  wife  and  family.  The  paiiies  to  an  action  in  these 
causes  must  establish  the  following  facts  or  no  bill  of  separation 
will  be  granted  :  Both  parties  are  resident  of  the  State  when  action 
is  commenced.  When  the  parties  were  maimed  within  the  State 
and  the  plaintiff  is  a  resident  thereof,  when  the  action  is  commenced. 
When  the  parties  have  been  married  without  the  State,  have  become 
residents  thereof  at  least  one  year,  and  the  plaintiff  is  such  a  resi- 
dent when  the  action  is  commenced.     Within  twenty  years  from 


232  READY   REFERENCE   MANUAL. 

18(57  to  188G,  the  courts  granted  15,35r)  decrees  of  absolute  divorces 
for  adultery  alone ;  1H,G54  for  other  causes  were  granted  bills  of 
separation  in  the  same  period. 

Nevada. — The  person  filing  the  libel  must  have  been  a  resi- 
dent for  six  months  next  preceding  the  filing  of  the  bill  for  divorce. 
The  causes  are  as  follows  :  Willful  desertion  for  one  year;  adul- 
tery; cruel  and  abusive  treatment;  habitual  drunkenness ;  failure 
to  provide  for  one  year.  Within  the  last  twenty  years  1178  decrees 
were  granted. 

Nebraska. — Six  months'  previous  residence  is  required.  The 
causes  are  namely:  Adultery;  three  years'  imprisonment;  wilful 
abandonment  for  two  years  ;  failure  to  provide,  no  time  specified 
under  the  statute.  Habitual  use  of  intoxicants ;  extreme  cruelty. 
4341  decrees  have  been  granted  since  1867. 

Ohio. — One  year's  residence  within  the  State  is  necessary  for 
a  plaintiff  in  a  divorce  suit.  The  courts  of  common  pleas  have 
power  to  grant  absolute  divorces  for  the  causes  by  statute  expressed 
as  follows:  That  either  party  had  a  husband  or  wife  living  at  the 
time  of  the  marriage  fi'om  which  a  divorce  is  souglit ;  wilful  deser- 
tion for  three  years  ;  wilful  fraud  in  marriage  contract ;  cruel  treat- 
ment; habitual  drunkenness  and  debauchery  for  three  yoais ; 
imprisonment  of  either  party  for  crime  in  state  prison  (petition 
for  imprisonment  nmst  be  made  while  the  offending  party  is  under- 
going sentence.)  The  procurement  of  divorce  without  the  State 
by  husband  or  whereby  virtue  of  which  the  party  who  procured  it 
is  released  from  conjugal  relations  of  the  marriage,  while  the  same 
remains  binding  upon  the  other  party.  The  number  of  divorces 
granted  from  18G7  to  1886  were  2G,3G7. 

Oregon. — One  year's  residence  previous  by  the  applicant  is 
essential.  The  following  are  the  grounds  whereby  absolute  decrees 
are  granted  :  Indignities  as  render  life  burdensomp,  impotency  at 
time  of  marriage,  adultery,  conviction  for  felony,  habitual  and  gross 
drunkenness,  wilful  desertion  for  a  period  of  one  year  next  preced- 
ing the  filing  of  the  bill.  The  courts  have  granted  in  the  last  twenty 
years  1689  decrees. 

« 

Pennsylvania.  -Plaintiff  must  be  a  resident  next  preceding 


DIVORCE   LAWS.  233 

the  filiug  of  the  potition,  of  the  Conimoiiwoalth  for  one  year.  The 
Suporior  courts  have  full  juriwdictiou.  The  causes  are  as  follows  : 
The  violation  of  the  uiarriapfe  covenants ;  impotency,  except  the 
contracting  parties  were  of  advanced  ago  at  the  time  of  marriage  ; 
adulterous  and  lewd  conduct  not  nccepsarily  required  to  bo  jnoveu 
guilty;  indignities  that  render  life  burdensome;  fraudulent  con- 
tract ;  conviction  of  felony,  and  sentenced  for  two  years  in  prison ; 
(action  in  this  last  cause  must  be  connnonced  during  the  offending 
party's  incarceration).  1G,020  decrees  have  been  granted  within  the 
last  twenty  years. 

Rhode  Island. — Divorce  decrees  are  granted  when  the  plaiu- 
tilT  to  the  suit  has  been  up  to  time  of  fding  petition  one  year  a  resi- 
dent of  the  State,  and  the  proof  of  any  of  the  following  causes : 
One  year's  wilful  desertion  without  reasonable  cause  ;  where  any 
marriage,  is  originally  voidable  by  law,  such  as — consanguinity,  im- 
potency, idiocy,  lunacy,  or  convicted  to  life  servitude  for  felony ; 
gross  and  malicious  behavior  cudang<!ring  the  life,  and  destroying 
the  peace  and  happiness  of  the  plaintiff:  failure  to  provide  for  the 
maintenance  of  wife  and  family  ;  inhuman  treatment;  adultery;  any 
gross  behavior  making  it  unbearable  and  repugnant  to  the  plaintiff 
to  live  with  defendant ;  the  desertion  is  left  to  the  discretion  of  the 
court,  the  section  in  the  act  names  five  years  or  in  the  discretion  of 
the  jury ;  whenever  the  decrees  are  granted  for  affinity,  consanguin- 
ity, impotency,  idiocy,  lunacy  or  crime  of  either  parties,  the  wife 
shall  have  restored  to  her  all  her  lands,  tenements,  hereditaments, 
and  a  judgment  may  be  passed  to  restore  to  her  all  of  such  part  of 
the  personal  estate  specifically  or  the  valtie  thereof  which  has  come 
to  the  husband's  hands  by  virtue  of  the  marriage,  as  the  court  from 
the  circumstances  of  the  ease  shall  deem  equitable. 

Whenever  the  divorce  shall  be  occasioned  by  adultery  or  other 
of  the  causes  aforesaid,  done  or  committed  on  the  part  of  the  wife, 
the  husband  shall  hold  the  personal  estate  not  secured  to  her  by 
law,  forever,  and  her  real  estate  not  secured  to  herjby  law,  during 
his  natural  life,  in  case  they  have  had  issue  born  alive  of  her  body 
during  the  marriage,  otherwise  during  her  natural  life  only,  if  he 
sliall  survive  her.  Whenever  a  divorce  is  granted  for  adultery  or 
crime  on  the  part  of  the  husband,  the  wife  shall  be  entitled  to  dower 

15 


234  READY  REFERENCE  MANUAL. 

in  the  same  manner  an  if  he  were  dead,  unloHB  the  (lourt  decree  ali- 
mony, chargabh;  ujion  his  eBtate.  Within  the  interval  from  18G7  to 
1880,  .'}452  divorce  decreeH  have  been  granted  within  the  State. 

North  Carolina. — The  petitioner  must  be  a  rewident  of  the 
State  for  two  years  next  preceding  tlio  filing  of  the  same  for  a  di- 
vorce. The  following  ai'e  the  caiises  that  the  courts  grant  divorces 
for:  The  violation  of  the  marriage  vows  and  covenants:  Separation 
is  granted  for  imprisonment  for  crime,  non-support,  habitual  drunk- 
enness, wilful  desertion,  or  any  outlandish  conduct  on  ihe  part  of 
either,  rendering  the  home  and  living  a  battle  ground  or  dungeon 
of  miseries.   JJGOi)  decrees  have  been  granted  since  18G7. 

South  Carolina. — There  is  no  divorce  court  within  this 
State.  This  is  the  only  State  in  the  Union  that  has  no  divorce 
court.  Separations  are  granted  for  ab'  ut  all  the  greater  viola- 
tions of  the  marriafjo  covenants. 


"O' 


Tennessee. — The  following  are  the  grounds  for  which  the 
court  grants  divorce  decrees :  "Wilful  desertion  for  two  years,  im- 
prisonment for  felony,  absent  and  not  heard  from  for  two  years, 
violation  of  the  marriage  covenants,  mental  incapacity,  refusal  of 
wife  to  remove  into  the  State,  habitual  drunkenness.  24.S5  decrees 
have  been  obtained  from  the  year  1867  to  the  year  1888. 

Texas. — Excessively  inhuman  treatment,  rendering  the  life  of 
the  plaintiff  unbearable,  adultery,  impotency,  imprisonment  for  fel- 
ony, abandonment  for  one  year ;  no  time  specified  in  the  statute  to 
be  a  resident  of  the  State  before  application.  2073  decrees  have 
been  procured  during  the  last  score  of  years. 

Utah. — Wilful  desertion,  not  living  in  peace  and  happiness, 
imprisonmer  j  for  felony,  habitual  drunkenness,  are  the  causes 
for  which  granted. 

Vermont. —Both  parties  must  have  resided  within  the  State 
for  one  year  previous  to  making  the  application  for  a  bill  of  divorce, 
as  man  and  wife.  Wilful  desertion  for  three  years:  failure  to  provide 
(no  time  specified);  seven  years'  absence  without  being  heard  from; 
imprisonment  for  felony;  cruel  and  abusive  treatment ;  violation  of 
any  of  the  covenants  of  the  marriage  contract  is  good  and  sufficient 


DIVORCE   LAWS.  23t 


cause  for  divorce  decree  to  be  granted.      H(543  decrees  have  been 
granted  from  18(i7  to  1888. 

Virginia. — The  cauHCs  that  divorces  are  granted  for  in  this 
state  are  as  follows:  Wilful  desertion  for  five  yearn;  a  fugitive  from 
justice;  imprisonment  for  felony;  acbiltory;  inhuman  treatment. 
Previous  residence  is  not  cssentiiil.  The  courts  have  granted  since 
18(i7  over  2000  decrees. 

West  Virginia. — One  year's  residence  next  ]^receding  the 
fding  of  the  application  is  recjuired.  The  causes  for  which  a  divorce 
decree  is  obtained  are  as  follows:  Wilfid  desertion  for  three  years; 
imprisonment  for  felony;  hu'-tbaud  notoriously  immoral  before  mar- 
riage, unknown  to  wife;  adultery;  impotency  at  the  time  of  marriage. 
Mono  decrees  have  been  granted  within  the  last  two  census  returns. 

Wisconsin. — The  Revised  Staines  of  this  state  under  Sec. 
2350  provide  that  any  person  aggrieved  for  the  onVnces  herein 
named,  who  has  been  a  resident  of  the  state  for  one  year,  may  lile 
an  application  in  the  following  causes  for  a  bill  of  absolute  divorce: 
Impotency  at  the  time  of  marriage;  adultery;  either  party  subsc- 
((uent  to  marriage  has  been  guilty  of  felony  or  other  crime  that 
they  were  convicted  and  sentenced  to  imprisoument  for  three  years 
or  more,  and  no  pardon  granted  after  a  divorce  for  that  cause  shall 
restore  that  party  sentenced  to  liis  or  her  conjugal  rights;  for  wil 
ful  desertion  of  defendant  for  the  space  of  one  year  next  preceding 
the  commencement  of  the  action;  voluntary  or  nmtual  separation 
for  five  years,  when  the  treatment  of  the  wife  by  the  husband  has 
been  cruel  and  inhuman,  whether  practiced  by  using  violence  or  by 
any  other  moans;  when  wife  shall  be  guilty  of  like  cruelty  to  her 
husband  or  shall  be  given  to  intoxication  or  habitual  iutempjaance 
pronounced  by  defamation  and  scandidoua  appearance  and  conduct. 
Sec.  357  provides  a  partial  divorce  from  bed  and  board  forever  or  a 
limited  time  for  cruel  treatment,  wilful  neglect  of  duty,  and  for  un- 
truthfulness and  obscene  language  and  blasphemy.  The  litigants 
must  be  residents  of  the  State  for  one  year  in  the  causes  for  partial 
divorce;  unless  in  it  as  well  as  in  all  causes  that  the  marriage  was 
con.summated  within  the  State,  then  in  such  case  any  time  after  the 
marriage.  If  proof  of  forgiveness  from  plaintiff  for  adultery  can  be 
shown,  collusion  of  the  parties,  or  that  the  action  for  divorce  on 


23()  READY   IlKFF.HKNCi:   MANUAL. 

tboBo  groiindH  Iiuh  not beeu  brought  within  three  yeaiH  of  the  of- 
fence having  been  committed,  the  court  will  not  grant  a  decree. 
9432  decroca  have  been  granted  within  the  last  20  j'oars. 

Washington  Territory.— The  violations  of  the  marriage 
covouants;  habitual  intcmpMaiico  for  two  years;  wilful  desertion  for 
one  year;  imprisonment  for  felony;  inhuman  treatment;  are  sutlicient 
to  eBtablish,  for  a  divorce. 

Wyoming  Territory.— Sec.  1571  provides  that  a  divorce 
from  the  bonds  of  matrimony  may  be  decreed  by  the  district  court 
of  the  county  where  the  parties  or  one  of  them  reside,  on  the  ap- 
plication of  the  aggrieved  partj'  by  petition  in  either  of  the  follow- 
ing cases:  Adultery;  incompentency;  conviction  for  felony;  desertion 
for  one  year;  habitual  drunkenness;  extreme  cruelty;  neglect  to  pro- 
vide for  one  year,  wliich  is  not  the  outcome  of  poverty;  intolerable 
indignities.  Any  vicious  and  unnatural  conduct,  will  when  fairly  es- 
tablished by  reputable  evidence,  void  any  marriage  contract.  85G 
decrees  have  been  granted  in  the  last  20  years. 


PROVINCES  OF  THE  DOMINION  OF  CANADA. 

Province  of  Ontario. — There  is  no  divorce  court  within  the 
province.  A?i  Ayreenie^it  between  the  parties  for  mutual  separa- 
tion and  discharge  of  each  other's  interest  in  their  own  property,  or 
the  dower  or  courtesy,  can  be  lawfully  executed  and  when  register- 
ed, and  the  parties  live  sei^arate,  and  never  knowingly  visit,  or  fre- 
quent the  domicile  or  place  of  residence  of  the  other  during  the 
balance  of  their  natural  lives,  the  projierty  both  real  and  personal 
of  each  partj'  vests  alone  in  them,  the  same  as  though  they  were 
unmarried.  Apjilicatiou  however  can  be  made  to  parliament  for  a 
special  act  whereby  if  granted  the  parties  are  permitted  to  re- 
marry, but  it's  an  expensive  operation  and  very  few  avail  themselves 
of  it.  Where  it  is  regarded  a  great  evil,  the  Himi)licity  of  the  di- 
vorce court  in  the  United  States,  it  is  equally  a  great  evil,  the  want 
of  a  divorce  court  in  this  Province. 

Nova  Scotia. — Under  an  old  statute  of  Henry  VIII,  divorces 
can  be  obtained  for  adulter^-,  cruelty,  kindred  within  degrees  pro- 
hibited.    The  court,  however,  has  always  declined  to  grant  a  de- 


nivoucR  LAWS.  237 

cree  for  other  ouuhoh  than  mlultcry,  arul  relntiouHhip  iiroliibited  by 
law.  PerHoiiH  cau  iivail  thciuHelvoH  for  any  gooil  cuhho  by  applying 
to  tUo  Federal  goverumout  for  au  act  of  parliamout. 

New  Brunswick. — The  same  m  Nova  Scotio. 

Northwest  Territories.  -No  nu-unH  of  interfering'  with  the 
inarria^'e  contnict,  nnli'SH  by  ai)i)lifution   to  the  I'liriiiiiiK'nt  of  Can 
achi  for  a  .special  act. 

Manitoba. — The  Han»o  as  Nortiiwost  T(>rritories. 

Prince  Edward  Island.— See  Nova  Scotiu. 

Cape  Breton. — See  Nova  Scotia. 

British  Columbia. — See  Northwe.st  Territories. 

Quebec. — Same  aa  Noithwest  Territories. 

[NoTK. — The  proceedings  to  obtain  an  act  of  Parliament  for  di- 
vorce in  Canada  are  as  follows:  Notice  of  application  for  at  least 
three  calendar  mouths  must  be  given  in  th(}  government  official 
2>ai)er,  the  "  Ctviiulu  Gazette"  by  the  solicitors  for  the  i^laintiff, 
and  a  similar  notice  published  in  the  uearewt  publication  to  the 
known  last  renidence  of  the  defendant,  and  upon  the  opening  of 
Parliament  next  following,  the  cause  is  tried  before  the  judicial 
committee  of  the  Senate,  and  if  the  evidence  warrants  the  recom- 
mendation of  an  act,  it  is  reported  to  the  Senate  and  an  act  passed. 
The  plaintiff  must  deposit  all  costs  on  both  .sides.  The  hearing  is 
private.  The  bill,  if  granted,  grants  absolute  separation  and  right 
of  plaintiff  only,  to  ro-marry. — The  Author.] 


PART  IV.— CHAP.  IV. 


WOMAN    SUFFKAOE    IN    U.    S. 


The  following  is  a  statement  of  the  situation  in  the  Woniim  Siif- 
fratire  niovenieiit  in  the  United  States  on  the  Hrst  of  January,  1889  : 

Women  vote  in  Wyoming  Territory  on  all  (iuestions  on  the 
same  terms  as  men.  They  voted  fur  five  years  on  the  same  terms 
as  men  in  Washington  Territory,  but  the  Territorial  Supreme  Court 
in  February,  1887,  set  aside  the  woman  sufl'rage  law  on  a  technical 
informality  in  the  title  of  the  act.  The  Legislature  at  its  next  ses- 
sion re-enacted  the  law.  It  has  again  been  declared  unconstitu- 
tional by  the  Supreme  Court  of  the  Territory,  this  time  on  the  claim 
that  Congress  did  not  mean  to  include  women  in  the  term  "  citi- 
zens "  in  the  enabling  act. 

They  voted  on  the  same  terms  in  Utah,  until  excluded  by  the 
Edmunds  law,  passed  by  the  Forty-ninth  Congress. 

Women  vote  on  school  questions  with  more  or  less  restricrtious 
in  fourteen  States,  viz:  Colorado,  Indiana,  Kansas,  Kentucky, 
Massachusetts,  Michigan,  Minnesota,  Nebraska,  New  Hampshire, 
New  Jersey,  New  York,  Oregon,  Vermont  and  Wisconsin ;  and  also 
in  the  Territories  of  Arizona,  Dakota,  Idaho,  IMontaua  and  Wash- 
ington. At  the  Boston  municipal  election,  Dec.  11,  1888,  about 
17,000  women  voted  for  school  oflicers. 

TuEV  HAVE  FULL  MUNICIPAL  suFERAGE  in  Kausiis,  wlicre  in  April, 

1887,  they  polled  20,000  votes  to  G5,435   votes  by  men.     In  April, 

1888,  the  women's  vote  was  in  about  the  same  ratio  to  the  men's, 
the  number  of  votes  of  both  sexes  being  smaller  on  account  of  minor 
importance  of  the  officers  to  be  chosen  this  year. 

Women  vote  (by  petition)  on  the  sale  of  liquor  in  Arkansas  and 
Mississippi,  and  in  Texas  on  choosing  school  officers. 

In  1887,  a  woman's  suffrage  amendment  to  the  Constitution  of 
Rhode  Island  was  defeated  in  the  State  by  a  vote  of  21,957  to  6,889; 
the  woman  suffrage  bills  were  defeated  in  the  Legislatures  of  Mas- 


WOMAN    KUFFKAGE.  239 

Haelmsetts,  Mifhigiui,  New  York  and  Imvii.  In  November,  1S8S,  a 
bill  granting  to  wonjen  the  full  right  of  aullrage  wuti  defeated  in 
the  Vermont  House  of  Represeutatives. 

In  the  Senate  of  the  United  Slates,  49th  Congress,  January  25, 
a  joint  resolution  proposing  an  amendment  to  the  Consstitulion  of 
the  United  Stat<is,  extending  tlio  right  of  Huffrage  to  women,  was 
defeated  on  the  (piestion  of  going  to  a  third  reading,  by  16  yeas,  to 
34  nays.  All  the  alUrmaKve  votes  were  cast  by  Eepublican  Sena- 
tors. All  the  Democratic  Senators  jnesent  voted  in  the  negative, 
with  the  following  llepublicanH:  Ingalls,  Jones  of  Nevada,  McMil- 
lan, Morrill,  Sawyer,  Sewell,  Spooner,  ^\'illiaulb  and  Hawley.  The 
jn'ohibition  party,  in  national  convention,  June,  18h8,  adopted  a  dec- 
laration in  favor  of  woman  sutl'vage  in  its  natioMil  platform,  as  did 
also  the  Union  labor  party  in  its  national  convention  at  Cincinnati, 
May,  18S8. 

WOMAN  SUFi'UAOE   IN  UTllKH   COUNTKIKS. 

Canada. — Women  have  municipal  suffrage  in  every  province 
but  Prince  Edward  Island.  In  Ontario  womon  vote  for  all  ofKcers 
but  members  of  the  Legislatures  and  Parliament. 

Europe. — In  England,  Scotland  and  Wales,  women  (unless 
married)  vote  for  all  elective  ofKcers  but  omi  (member  of  parliament) 
on  like  terms  with  men.  In  Ireland,  women  vote  everywhcDe  for 
poor  law  guardians  ;  in  Dundalk  and  other  sea-ports,  for  harbor- 
boards  ;  and  in  Belfast  for  all  miuiicipal  ofiicers. 

In  Sweden  their  suffrage  is  about  the  same  as  in  England, 
and  they  vote,  too,  indirectly,  for  members  of  the  House  of  Lords. 

In  Russia,  women,  heads  of  hou.-^cholds,  vote  for  all  elective 
'jmcers,  and  on  all  (piostious. 

In  Austria-Hungary,  they  vote  (by  proxy)  at  all  elections, 
including  members  of  provincial  and  imperial  parliaments.  In 
Croatia  and  Dalmatia  they  vote  at  local  elections  in  person. 

In  Italy,  widows  vote  for  members  of  parliament. 

In  Finland,  women  vote  for  all  elective  officers. 


240  READY   REFERENCE   MANUAL. 

Asia.  —In  British  Burmah  women  tax-payers  vote  in  the  rural 
tracts. 

In  the  Madras  Presidency  and  the  Bombay  Presidency 
(Hindoostau)  they  can  do  so  in  all  municipalities. 

In  all  the  Countries  of  Russia-Asia,  they  can  do  so  where- 

ever  a  Russian  colony  settles.  The  Kussiana  are  colonizing  all  the 
vast  Asian  possessions,  and  carry  with  them  everywhere  the  "uiir" 
or  self  yovernmout  village  plan,  where  women,  heads  of  households, 
vote. 

Australasia. — Municipal  woman  suft'rage  exists  in  New  Zea- 
land, and  the  Legislature  has  decreed  that  wouien  shall  vote  for 
members  of  parliament.  jMuuicipsil  suft'rage  also  exists  in  Victoria, 
New  South  Wales,  Queensland,  and  South  Australia.  The  parlia- 
ment of  the  latter  has  declared  for  women  voting  at  parliamentary 
elections. 

Islands. — Iceland,  in  the  North  Atlantic,  the  Isle  of  Man,  be- 
tween England  and  Ireland,  and  Pitcairn  Island  in  the  South  Pa- 
cific, have  full  woman  suft'rage.  Tasmania,  Sicily,  Sardinia,  nearly 
300  islands  around  Britain,  tlie  islands  around  Australia,  Tasmania 
and  New  Zealand,  and  a  host  of  islands  elsewhere,  have  various 
degrees  of  partial  woman  suft'rage. 


CHAPTER  V. 

PART  I. — fiifc  liisuniiict'  Hciu'lifiariiM;  in  what  Staios  of  tlic  LTnitcd  Stales, 
ami  PioviiiL'cs  of  ('aiiada,  it  is  cxciiipi  from  cri'ilitors,  and  imircs  to  tl»o 
full  hciiuiit  of  till'  widosv  and  family.  TAin'  II.— Tlu;  Laws  of  Wills; 
where  wills  can  I «'  luadt'  witli<mt  witness,  and  where  it  re(|uir('s  two, 
three,  four  and  live;  where  every  heir  must  he  aeknowled}.;ed  hy  a  l»e- 
((Uest,  and  whore  every  heir  can  he  (hsinherited;  where  the  widow  takes 
one-half  of  all  |)roperty,  and  where  she  ran  he  cut  out  of  all  interest  in 
the  estate  of  her  hushand;  holo}j,raiih  wills:  noncurative  wills;  where 
minors  can  he(|ueath  personal  [iroperly;  the  traditi(Mial  customs,  in  mak- 
ing; wills,  of  i^)uehee  and  Louisiana. 

TART  I.— CHAP.  V. 

LIFE    INSUIiANCt;    BENEFICIARIES. 

Alabama. — A  life  insurance  for  the  benelit  of  wife  anil  chil- 
dren is  exempt  from  anj'  debt  or  engagement,  toits  or  damages 
against  busbaud,  wheu  the  annual  premium  paid  doen  not  exceed 
$500  ;  where  the  premium  dooB  exceed  li^SOO,  then  so  much  as  $500 
will  annually  purchase  is  exempt. 

Arkansas. — Life  insurance,  other  than  endowment  policies, 
payable  to  the  insured  himself,  is  exempt  from  all  claims. 

California. — Life  insurance  made  payable  to  the  benefit  of 
an  estate  or  endowment  payable  to  the  insured,  are  liable  for  the 
debts  of  the  debtor.  Insurance  made  payable  to  the  benefit  of  the 
wife  and  family,  only  what  is  in  excess  of  an  annual  premium  of 
$500,  can  be  attached  by  creditors. 

Connecticut. — The  charters  of  all  companies  in  this  State 
provide  that  j^olicies  made  payable  to  heirs-at-law  cannot  be  held 
for  debts  of  insured.  Endowment  policies,  when  payable  to  insured 
himself  at  a  stated  period,  can  be  held  or  any  credit  or  interest 
therein,  in  a  like  manner  as  money  in  a  savingK  bank.  Foreign  com- 
panies doing  business  within  the  State  would  be  held  by  the  laws 
governing  them  where  chartered.     Benefits  from  local  benevolent 


242  KEADY   UEFEl'iENCE   MANUAL. 

societies  cannot  be  taken  in  execution  or  Liekl  for  the  member's  debt; 
it  inures  to  the  family  of  the  deceased. 

Colorado. — Life  insurance  wholly  exempt  from  the  liabilities 
of  the  insured,  when  effected  for  the  benefit  of  the  family;  in  other 
respects  the  general  law  exists. 

Dakota. — There  is  no  express  provision  in  the  codes  of  the 
Territory,  but  the  attorney-general  is  of  the  opinion  it  is  wholly 
exemjjt  when  payable  for  the  benefit  of  others. 

Delaware. — Same  as  Maryland. 

District  of  Columbia. — Same  as  Maryland. 

Florida. — Life  insurance  purchased  while  solvent,  and  pay- 
able to  the  benefit  of  the  family  in  case  ef  death  or  otherwise,  is 
exempt  from  the  claims  of  insured's  creditors ;  otherwise  it  is  the 
same  as  any  other  property. 

Georgia. — Life  insurance  payable  "  to  the  estate  of  the  in- 
sured," ranks  like  all  other  assets  in  the  Probate  Court,  and  conse- 
quently liable  for  the  debts  of  the  deceased.  Endowment  policies 
in  the  hands  of  a  third  party,  or  when  payable  to  a  third  party,  are 
exempt;  otherwise  liable.  All  bcnoliciaries  of  all  societies  and  mu- 
tual protection,  are  wholly  exempt  from  the  claims  of  creditors ;  the 
beneficiary  goes  to  the  deceased's  family. 

Illinois. — Beuc'ticiaric's  payable  to  others  than  the  insured 
are  not  liable  in  any  way,  so  long  as  no  fraud  can  be  .shown  in  the 
p;iymeiits  of  the  premium.  Insurance  jiayable  by^  endowment 
policies  are  governed  by  the  laws  wlu're  they  are  chartered  to  a 
certain  extent,  otherwise  the  creditors  of  the  insured;  if  the  court 
was  satisfied  that  the  money  applied  to  the  payment  of  the  pre- 
miums was  conmiunity  earnings  between  the  insured  and  the  bene- 
ficiary, they  would  hold  it  for  the  benefit  of  the  creditors. 

Indiana. — In  the  case  51,  Ind.  24,  Ilutson  vs.  INIerrifield,  the 
court  held:  "  A  policy  of  life  insurance  is  a  chose  in  jiction,  and 
will  vest  at  the  death  of  the  party  holding  it,  in  his  heirs,  subject 
to  his  debts." 

Iowa. — Life  in.surance  made  i)ayable  to  others  than  insured, 


LIFE  INSURANCE   15ENEFI("IARIE8.  243 

has  never  been  taken    in  execution  by  creditors  under  any  circiini- 
stances.     It  is  regarded  as  wliolly  exempt. 

Kansas. — Life  insurance  beneficiaries  can  oidy  be  held  good 
when  the  insured  is  solvent  and  able  to  pay  liis  preniiuins  witiiout 
determent  to  his  lawful  creditors.  Exemptions,  such  as  a  broad 
and  liberal  construction  of  a  debtor's  rights  to  his  family,  will,  how- 
ever, be  commoidy  allowsd. 

Kentucky. — Tlie  proceeds  of  a  life  policy  in  the  hands  of 
named  beneficiary  has  the  legal  status  that  any  other  personalty 
has;  that  is,  it  is  exempt  when  other  funds  would  be,  and  liable 
not  to  execution,  but  to  attachment  and  garnishment  where  other 
funds  of  debtor's  purchase  or  investment  would  be. 

Louisiana. — Life  insurance  for  the  benefit  of  the  family  is 
exempt,  and  in  case  of  endowment  ])ayable  to  or  for  the  benefit 
of  others  than  the  insured. 

Maine. — Sec.  94.  Life  and  accident  policies,  and  the  money 
due  tiiereon  are  exempt  from  attachment,  and  from  all  claims  of 
creditors,  during  the  life  of  the  insured,  when  tlii'  annual  cash  pre- 
mium does  not  exceed  ^150;  l)ut  when  it  exceeds  that  sum,  and  the 
]»remium  was  paid  by  the  debtor,  his  creditors  have  a  lien  on  the 
policies  for  such  sum  over  -^1150  a  year,  as  the  debtor  has  paid  for 
two  years,  subject  to  any  pledge  or  assignment  thereof  made  in 
good  faith. 

Massachusetts. — Section  73,  chap.  214  of  1HS7,  proviiles 
that  when  a  policy  is  made  payable  to  some  person  else,  besides 
the  insured,  such  jjcrson  shall  be  entitled  to  its  proceeds  against 
the  creditors  of  the  person  efl'ecting  the  same.  However,  if  fraud, 
or  the  insured  has  paid  out  premiums  contrary  to  the  statute  of 
exemptions,  creditors  can  make  attachment. 

Maryland. — Life  insurance  is  not  liable  to  execution  or  at- 
tachment, when  held  or  payable  to  other  than  the  insured. 

Minnesota. — Without  fraud,  life  insurance  made  jiayable  to 
the  benefit  of  wife  or  family,  or  to  other  than  the  insured,  is  wholly 
free  from  the  liability  of  a  debtor. 

Mississippi. — Creditors  cannot  by  law  get  any  lien  on  the 


244  HEADY  REFEUENCE  MANUAL. 

policies  of  iusuruuce,  wheu  not  endowment  and  payable  to  the  in- 
sured. 

Michigan. — Sec.  23. — It  shall  be  lawful  for  auy  husband  to 
iusuro  his  life  for  the  benefit  of  his  children,  or  of  any  one  or  more 
of  them  ;  and  in  case  that  any  money  shall  become  payable  under 
the  insurance,  the  same  shall  be  payable  to  the  persons  for  whose 
benefit  the  insurance  was  procured,  his,  her,  or  their  representa- 
tives, or  aswigns,  for  his,  her,  or  their  own  use  and  benefit,  free 
from  all  claims  of  creditors ;  and  any  married  woman,  either  in  her 
own  name  or  in  the  name  of  any  third  party  as  trustee,  may  cause 
to  be  insured  the  life  of  her  husband,  or  of  any  other  person,  for 
any  definite  period,  or  for  the  term  of  life,  and  the  moneys  that  may 
become  payable  on  the  contract  of  insurance  shall  be  payable  to 
her,  or  her  representatives  or  assigns,  free  from  the  claims  of  the 
representatives  of  her  husband,  or  of  such  other  person  insured,  or 
of  any  of  his  creditors  ;  and  in  any  contract  of  insurance  it  shall  be 
lawful  to  provide  that  on  the  decease  of  the  person  for  whose  bene- 
fit it  is  obtained,  before  the  sum  insured  shall  become  payable,  the 
benefit  thereof  shall  accrue  to  any  person  or  persons  designated  ; 
and  such  other  person  or  persons  shall,  on  the  happening  of  such 
contingency,  become  the  lawful  owners  of  the  policy  of  insurance, 
and  entitled  to  enforce  the  same  to  the  full  extent  of  its  terms,  not- 
withstanding he  or  she  may  not  at  the  time  have  any  such  insurable 
interest  as  would  have  enabled  him  or  her  or  them  to  obtain  a  new 
insurance.     4238,  E.  S.  M. 

Missouri. — Life  insurance  is  not  exempt,  if  the  insured  is  not 
solvent  while  investing  money  in  it.  The  law  provides  liberally  by 
setting  apart  property  exempt  from  creditors,  without  life  insur- 
ance, but  if  solvent  auy  money  invested  in  it  when  payable  io  other 
than  insured,  is  exempt  by  law. 

Montana. — Same  as  Missouri. 

New  Hampshire. — Life  insurance  is  attachable  the  same  as 
auy  other  property  subject  only  to  the  exemptions  provided  bylaw. 
(See  exemptions  for  the  State.) 

North  Carolina. — There  is  provision  by  statute,  but  it  would 
be  held  under  the  general  law  as  other  investments,  subject  to  the 


LIFE  INSURANCE   liENEFICIARIES.  245 

equity  of  claims  against  the  bolder  whether  the  insured  or  a  third 
party. 

Nebraska. — The  same  as  Minnesota. 

New  York. — Life  insurance  is  exempt  and  unattaohable  by 
creditors,  when  paj-able  to  others  than  the  insured. 

New  Jersey. — Life  insurance  would  only  by  their  policies  be 
paid  to  payee.  Letters  of  administration  would  be  taken  out  in 
case  of  a  person  dying  intestate,  and  insurance  paid  to  the  adminis- 
trator, who  would  have  no  alternative  but  to  apply  it  to  the  liquida- 
tion of  deceased's  debts  alike  with  any  other  property.  Life  in- 
surance is  not  attachable  in  any  other  manner. 

Pennsylvania. — Section  25,  of  the  act  passed  in  the  year 
1873,  provides  that  a  policy  of  insurance  issued  by  any  company  in- 
corporated under  the  act,  on  the  life  of  any  person  expressed  to  be  for 
the  benefit  of  any  married  woman,  whether  procured  by  herself,  her 
husband,  or  any  other  person,  shall  inure  to  her  separate  use  and 
benefit,  and  that  of  her  children,  independently  of  her  husband  or 
liis  creditors,  or  the  person  eftecting  the  same  or  his  creditors.  If 
the  premium  is  paid  by  any  other  person  in  order  to  hold  as  secu- 
rity, they  only  have  a  lien  upon  the  policy  to  the  amount  of  premi- 
ums so  paid  with  legal  interest.  If  the  premium  is  paid  to  defraud 
lawful  creditors,  the  same  is  subject  to  all  equities  as  any  other 
projierty  or  investments  would  under  similar  impeachment  be. 

Ohio. — Section  3628  provides :  Any  person  may  effect  an  in- 
surance on  his  life,  for  the  benefit  of  his  widow  or  children,  or  of 
either,  for  any  definite  period  of  time,  or  for  the  term  of  his  natu- 
ral life.  Such  insurance  shall  inure  to  the  sole  benefit  of  the  party 
or  parties  to  whom  it  is  made  payable :  and  the  sum  or  net  amount 
of  insurance  becoming  due  and  payable  by  the  terms  of  insurance 
shall  be  payable  for  their  own  use  and  exempt  from  all  claims  by 
the  representatives  and  creditors  of  such  person  ;  but  the  amount 
of  premium  annually  paid  on  such  policy  shall  not  exceed  the  sum 
of  $150,  and,  ir.  case  it  does,  there  shall  be  pad  to  the  beneficiaries 
named  in  the  policy  such  portion  of  the  insurance  as  the  sum  of 
vS150  will  bear  to  the  whole  annual  premium,  and  the  residue  to  the 
representatives  of  the  deceased.    Insurance,  however,  made  payable 


240  READY   REFERENCE  MANUAL. 

to  the  insured's  estate,  would  be  treated  as  any  other  property  he 
might  be  possessed  of,  and  inure  to  the  benefit  of  his  creditors. 

Tennessee. — Same  as  North  CaroHna. 

Texas. — Life  insurance  under  tho  statutos  \h  wholly  exempt 
from  iitlaciiiiient  or  e.xecution,  when  in  the  hands  of  a  third  party  or 
mad(!  payable  to  other  than  the  insured. 

Vermont. — Life  policies  payable  after  death  not  specially 
made  j)ayable  to  any  person,  go  into  the  estate  along  with  all 
other  assets,  and  are  accordingly  distributed  iii  a  like  manner  as 
other  assets.  Policies  made  i)ayable  to  wife  or  certain  persons  can- 
not be  reached  by  trustee  process  or  execution.  Policies  made  pay- 
able during  the  life  of  the  insured  and  payable  to  him  or  his  estate, 
can  be  trusteed  under  tho  general  laws  of  trutsee  process. 

Virginia. — When  payable  to  wife  and  family,  is  wholly  ex- 
empt from  creditors.  If  payable  to  the  insured  or  in  any  other 
manner  whereby  it  is  an  investment  or  payment  that  can  be  regarded 
as  giving  to  the  insured  an  undue  advantage  over  his  creditors  or 
to  some  one  of  his  creditors,  it  is  subject  to  all  the  equities  at  law 
that  inure  to  the  benefit  of  any  insolvent's  estate. 

Wyoming  Territory. — No  statute  regulating  life  insurance. 
It  do(!s  not,  however,  come  under  the  ordinary  assignment  of  an  in- 
solvent's estate  unless  specially  mentioned. 

Wisconsin. — Nothing  under  the  statute  emi^owers  creditors 
to  reach  life  insurance  in  any  way,  when  payal)le  to  others  than  in- 
sured, and  even  to  his  estate  it  inures  to  the  full  and  independent 
benefit  of  his  wife  and  family. 

Washington  Territory.— See  Vermont. 

West  Virginia.— Sec  Virginia. 

DOMINION  OF  CANADA. 

Provinces  of  Ontario. — Life  insurance  moneys  are  liable  to 
be  taken  by  creditors,  unless  made  expressly  for  the  benefit  of  wife 
and  children,  or  assigned  expressly  for  their  benefit. 

Province  of  Quebec,  Nova  Scotia,  New  Brunswick, 
British  Columbia  and  Manitoba,  are  all  the  same  as  Ontario. 


PART  II.— CHAP.  V. 

WILLS. 

Alabama. — All  poi-HOiiH  of  ago  and  sound  luind  may  dovise 
their  rvn\  oHtato  by  will.  Any  porson  or  corporation  nmy  take  iindor 
a  will,  if  capable  of  holding  real  estate.  All  persons  over  18  years 
of  age  may  lawfully  betpicath  personal  property. 

The  mauriaoe  of  a  woman  revokes  her  will  ;  the  marriage  of  a 
man  does  not,  unless  a  child  is  born,  when  iu  such  case  the  child 
will  take  all  except  the  dower  of  the  widow,  which  is  as  follows:  (1) 
Upon  the  death  of  the  husband  the  wife  has  an  interest  for  life  in  a 
certain  portion  of  the  following  real  estate  of  her  husband,  to  which 
she  has  not  relinquished  her  )ight  during  the  iuarriage  ;  (2)  Of  all 
lands  of  which  the  husband  was  seized  in  fee  during  marriage  ;  {',]) 
Of  all  the  lands  of  which  another  was  seized  in  fee  to  his  use  ;  ( 4 ) 
Of  all  lands  to  which  at  the  time  of  his  death,  he  had  a  perfect 
ecpiitj^  having  paid  all  the  purchase  money  thereof.  The  quantity 
of  the  dower  interest  is  as  follows  :  (  1 )  When  the  husband  dies 
leaving  no  lineal  descendants,  and  his  estate  is  Jiot  insolvent,  his 
Widow  is  entitled  to  beendowed  of  one-half  of  his  lands :  (2)  If 
in  such  case  his  estate  is  insolvent,  to  one-third  thereof;  (3) 
AVhen  there  are  no  lineal  descendants,  then  to  one-third  part  thereof, 
whether  the  estate  is  insolvent  or  not.  The  wife,  whether  residing 
in  this  Slate  or  not,  or  whether  of  full  age  or  not.  may  relincpiish 
her  dower  by  joining  in  the  conveyance  with  her  husband,  or  sub- 
se(|uently  to  such  conveyance  by  a  sejiarate  instrument  releasing 
her  dower  ;  her  signature  in  either  case  to  be  attested  by  two  wit- 
nesses, or  be  acknowledged  by  her  before  an  ollicer  authorized  to 
take  such  acknowledgment.'^.  The  wife  is  not  entitled  to  dower 
interest  if  her  separate  estate  (Hjuals  or  exceeds  her  dower  interest, 
and  her  distributive  share  in  hei  husband's  estate,  estimating  her 
dower  interest  at  seven  years'  rent  thereof.  If  the  separate  estate 
be  less  than  her  dower,  so  much  must  be  allowed  her,  as,  with  her 
separate  estate  would  equal  to  her  dower  and  distributive  share  in 
her  husband's  estate.  This  refers  to  the  wife's  statutory  estate,  not 
the  equitable.     71  Ala.  536. 


248  READY  REFERENCE   MANUAL. 

A  Deiitou  is  not  Released  by  being  made  an  executor. 

A  Widow  may  Dissent  from  will  aiul  cliiim  dower  iustead. 

The  will  must  be  Signed  by  the  testator  or  by  some  one  in 
his  prosouco  and  upon  his  express  direction,  and  must  be  attested 
by  two  subscribing  witnesses  in  the  presence  of  the  testator. 

Nuncupative  Wills  to  the  value  of  SHOO  may  bo  probated,  but 
not  after  six  months  from  the  making  of  the  same,  unless  the  words 
testamentary  were  within  six  days  reduced  to  writing  and  the  same 
made  in  the  last  sickness  of  deceased. 

Arkansas. — Males  of  the  full  age  of  21  years  and  females  of 
the  full  ago  of  18  years,  of  sound  disposing  mind  and  memory  can 
devise  and  be([iieath  by  last  will  and  testament  all  their  personal  and. 
real  estate  of  whatsoever  kind. 

Minors  cannot  bequeath  or  devise  any  pi-operty  whatsoever. 

Eveuv  AVill  must  be  Witnessed  by  two  witnesses  exce])tiiig 
the  nuncupative  and  holograph  wills  hereinafter  described;  the 
witnesses  must  be  present  when  the  will  is  signed  by  the  testator 
or  testatrix  and  at  his  or  her  request,  and  subscribe  their  names  in 
the  presence  of  the  maker  and  each  other.  An  executor  may  be  a 
legatee,  but  by  the  provisions  of  the  old  statutes  legatees  are  pre- 
cluded from  being  witnesses,  but  this  seems  to  be  on  account  of 
interest,  and  this,  as  a  disqualificatiou,was  partially  removed  by  the 
statutes  of  1874.  Man's  Digest  still  regards  the  effect  of  the  old 
statute  and  interprets  the  making  of  a  legatee  in  a  will  as  a  full  bar 
to  his  or  her  portion,  if  not  a  revocation  of  the  whole  will. 

Aliens  have  the  full  liberty  of  citizens. 

Mahkied  "Women  can  dispose  of  their  estate  real  or  personal, 
without  interference  of  their  husbands. 

Marriage  does  not  Revoke  a  will  made  by  either  husband  or 
wife.     The  birth  of  a  child  by  the  marriage  does  void  the  will. 

A  Testator  Can  Disinherit  all  his  children,  but  each  child 
must,  by  their  Christian  names  in  full,  be  given  in  the  will  as  fol- 
lows :  "  I  make  no  bequest  or  devise  of  any  part  or  portion  of  my 
real  or  personal  estate  to  my  son  W^alter,  Richard  or  William,  or 
to  my  daughter  Sarah  Ann,  etc."  13ut  his  wife's  dower  he  cannot 
exect  by  any  devise  in  lieu  of  it  or  otherwise. 


WILLS.  249 

Nuncupative  Wills  can  be  made  by  HoUlierH,  ( iu  active  service) 
sailors,  and  persons  upon  their  death  bed,  wliereno  tinieor  j)ersons 
qualified  to  draw  n  will  is  at  hand,  to  the  amount  of  jx-rsonalty  of 
$500. 

Hoi,o(utAi'ir  Wri.i.a  bcarinpf  tlio  Hi<,Miaturo  of  tlio  testator  and 
wholly  written  in  his  or  hor  writing,',  l)y  the  identification  of  the 
writing  and  the  name,  verified  by  throe  witnesses,  can  be  accepted. 

Testatou  Dvino  Intestate,  one  half  of  his  personal  absolutely, 
and  one  half  of  the  real  estate  for  his  widows  natural  life  benefit,  is 
all  she  takes  if  he  has  no  born  and  living  issue.  If  he  dies  testate 
his  widow  takes  tlie  same  aa  it  is  the  statutory  dower.  If  a  mar- 
ried woman  dies  intestate  and  without  issue,  the  husband  takes  all 
her  personal  in  fee  but  only  a  life  use  of  her  real  estate.  If  Aie  has 
living  issue  and  dies  testate,  she  can  exect  him  from  everything. 

Connecticut.— All  persons  of  the  age  of  eighteen  years,  and 
of  soujid  mind  may  dispose  of  their  estate  by  will.  No  will  or  cod- 
icil will  be  valid  to  pass  any  estate  unless  it  be  in  writing,  sub- 
scribed by  the  testator,  and  attested  by  three  witnesses,  each  of 
them  subscribing  in  his  presence. 

Wills  Executed  Accoroino  to  the  Laws  of  Foueion  countries 
will  be  eiVectual  to  pass  estate  of  the  testator  in  this  State. 

Devise  or  Bequest  to  a  Subscribing  Witness,  to  the  husband 
or  wife  of  such  subscribing  witness,  will  be  void  unless  the  will  is 
otherwise  legally  executed  or  such  legatee  be  an  heir  of  the  testator. 
If,  after  making  the  will,  the  testator  sli.ill  marry,  or  if  a  child  is 
born  to  the  testator  and  no  provision  is  made  in  the  will  for  such 
contingency,  such  marriage  or  birth  will  operate  as  a  revocation  of 
such  will. 

Aliens  residing  in  the  United  States  and  sidjjects  of  France, 
may  hold  and  transmit  lands:  other  non  rf  sident  aliens  may  hold 
and  transmit  lands  for  mining  and  ipiarrying  purposes,  but  if  such 
lands  remain  without  being  used  for  such  purposes  for  ten  consecu- 
tive years  the  title  thereto  will  be  forfeited. 

Colorado. — All  wills  must  be  reduced  to  writing,  and  signed 
by  the  maker  in  the  presence  of  two  witnesses  and  subscribed  by 
the  witnesses  in  his  presence  and  the  presence  of  each  other. 

16 


250  READY   IlEPRURNOR   MANUAL. 

All  M.\i,Kfl  of  thk  Age  ok  Twf.nty-onk  Ykaus  of  houiuI  dispoH- 
in<j  iiiiiul,  will  will  tlioir  real  ewtato,  and  all  porwonH  of  hoiiikI  iniutl 
and  of  tli(i  full  aj^o  of  17  years  can  will  their  porsoual  property. 

A  Mariukd  Woman  can  only  will  ono-half  of  her  real  ebtate  with- 
out her  huHhaiid's  coiinent. 

A  Maiuuki)  Man  cannot  deprive  his  wife  of  luoro  than  oiic-half 
his  property  by  will. 

It  is  Optionai,  witif  thr  Widow  to  take  under  a  will,  or  to  have 
one-half  of  her  huHhand's  estate!;  if  there  are  no  children  and  no  will 
the  Hiirviviuj,'  huahaiid  or  wif'>,  takes  the  whole  property. 

Fkmaleh  aue  or  Aoe  at  eij^htoen  and  are  then  <  nly  fully  com- 
petent to  devise  or  beejueath  real  estate  by  will. 

Maiiriaoe,  on  the  Biiith  of  a  Child  revokes  all  wills. 

A  Witness  cannot  accept  a  legacy,  and  a  lepfacy  to  a  witncsH  is 
void  insomuch,  but  does  not  otherwise  invalidate  the  instrument. 
Nuncupative  wills  are  available  in  law,  when  made  in  the  last  sick- 
ness and  reduced  to  writing  within  five  days. 

California. — iMales  and  females  (married  or  unmarried)  of 
the  full  age,  which  is  twenty  one  years  for  males  and  eighteen  years 
for  females,  of  sound  mind,  can  make  a  valid  dis))Osition  of  their 
personal  and  real  property  by  their  last  will  and  testament;  males 
of  the  full  age  of  eighteen  can  dispose  of  pcrsoniil  projierty  by  will; 
females  under  age  caimot.     Holograph  wills  can  be  established. 

Married  Women  can  dispose  of  their  separate  estates,  whether 
real  or  personal,  by  will  in  the  same  manner  as  if  unmarried. 

Every  Will  must  be  in  AVritino  and  sigiu'd  by  the  maker  in 
the  jiresence  of  two  witnesses,  who  must  in  tlu;  presence  of  each 
other  subscribe  their  names  as  witnesses  thereto  (unless  the  maker 
cannot  write,  in  which  case  he  or  she  makes  a  mark). 

If  a  ]\[aukied  Man  dies  Intestate  and  without  issue,  his  widow 
takes  one-half  of  all  real  property  he  died  seized  of:  if  he  dies  tes- 
tate and  with  issue,  she  takes  one- half  of  all  coinmnnity  property 
which  is  as  follows:  "All  property  owned  by  the  husband  or  wife 
before  marriage  and  that  accpiired  afterwards  by  gift,  beciuest,  de- 
vise or  descent,  with  the  rents,  issues,  and  profits,   is   the   separate 


wrrr.H.  251 

property  of  a  niarrifid  woman;  nil  oaruings  and  accuinulatioiiH  of  the 
wife  and  her  luinor  children  living  with  her  and  in  her  cuKtody, 
while  she  is  living  snparate  from  her  huHhand,  in  her  woparato  prop- 
erty; all  property  accjuired  after  iiiarriago  by  either  liiiHband  or 
wife  during  eoliahition,  in  conimiinity  property  otlier  than  the  sep- 
arate proi)erty  hereinbefore  excepted." 

If  A  INfAHRiEn  Woman  dies  Intkstate  and  WrrnonT  Ishuk,  the  huH- 
band  if  he  Hurvjves  her,  is  entitled  to  all  conininiiiiy  properly  and 
one  half  of  lior  separate  property. 

If  a  Testator  Mariuks  anh  ma  "Wipe  Sprvives  iiim,  the  will  is 
revoked  uideas  provision  is  made  for  the  wife  by  antenuptial  ron- 
tract.  The  birth  of  a  child  rovoken  a  will  made  by  the  father  or 
the  mother  or  both,  unless  so  drawn  as  to  provide  for  such  child,  as 
a  posiiibility.  A  will  exoonted  by  an  unmarried  woman  is  revoked 
by  her  subsequent  marriage,  and  is  not  revived  by  the  death  of  her 
husband. 

A  AViij.  RfrrsT  re  Filed  for  Prorate  witliin  tliirty  days  after  the 
information  that  the  maker  thereof  is  dead. 

Probation  and  Administration,     See  Afichigan. 

Dakota  Territory. —Every  person,  including  married  women, 
of  scund  mind  and  over  eighteen  years  of  ago,  may  by  will  (Hspose 
of  his  or  her  estate,  both  real  and  personal.  A  will  must  be  in 
writing  and  subscribed  at  the  end  thereof  by  the  maker,  or  some 
person  bo  signing  it  at  the  request  of  the  maker  and  in  his  or  her 
presence,  and  the  person  so  signing  for  the  maker  nnist  also  sub- 
scribe as  one  of  the  witnesses.  The  subscription  nnist  be  made  in 
the  presence  of  the  attesting  witness  or  be  acknowledged  by  the 
testator  to  have  been  made  by  him  or  bj'  his  authority  along  with 
another  witness.  The  testator  or  teslat)ix  must  at  the  time  of  sub- 
scribing or  acknowledging  the  .'^anie  declare  to  the  attesting  wit- 
nesses or  witness  that  the  same  is  his  last  will  and  testament.  Each 
of  the  attesting  witnesses  nuist  be  credible  and  having  no  interest 
whatsoever  in  the  devise  or  bequests  of  the  will,  and  each  of  whom 
must  sign  his  name  as  witness  at  the  end  of  the  will,  at  the  testa- 
tor's request  and  in  Ids  presence,  and  must  also  subscribe  their 
respective  places  of  residence. 


252  READY   REFERENCE  MANUAL. 

Descent  and  Dibtribution  of  Fropertt.     If  the  decedent  leave 
a  surviving  liusband  or  wife  and  only  one  child,  or  the  lawful  issue 
of  one  child,  in  equal  shares  to  the  surviving  husband,  wife  and 
child,  or  the  issue  of  such  child.     If  the  decedent  leave  surviving 
husband  or  wife,  and  more  than  one  child  living,  or  one  child  living 
and  the  hiwful  issue  of  others,  one-third  to  the  surviving  husband 
or  wife,  and  the  remainder  to  his  children,  and  the  lawful  issue  of 
his  (iocoased  children,  in  ec^ual  proportions.     If  there  be  no  child  of 
the  decedent  living  at  his  death,  the  remainder  goes  to  all  his  lineal 
descendants.     If  in  the  same  degree  of  kindred  they  share  equally, 
othei'wise  according  to  their  right  of  representation.     If  the  dece- 
dent leaves  no  surviving  husband  or  wife,  but  leaves  issue,  the  whole 
estate  goes  to  such  issue,  if  living,  or  in  equal  parts  to  those  living, 
an<l  to  the  issue  of  such  child  or  children  if  deceased,  by  right  of 
rejn'eseutation.     If  the  decedent  leaves  no  issue  the  estate  goes  in 
OA[nn\  shares  to  the  surviving  husband  or  wife,  and  to  the  decedent's 
father.     If   there  be  no  father  one-half  goes  in  equal  shares  to  the 
brothers  and  sisters  of  the  decedent,  or  their  children  by  represen- 
tation.    If  he  leaves  a  mother  she  takes  an  equal  share  with  the 
brothers  and  sisters.     If  he  leaves  no  issue,  nor  husband  nor  wife, 
the  estate  goes  to   the  father.     No  issue,  or  husband,  or  wife,  nor 
father  or  mother,  then  in  equal  shares  to  the  brothers  and  sisters, 
and  to  the  children  of  any  deceased  brother  or  sister  by  right  of 
representation.     If  the  mother  survives  she  takes  equal  shares  with 
the  brothers  and   sisters.     If  he  leaves  no  issue,  nor  husband,  nor 
wife,  nor  father,  and  no  brother  or  sister  alive  at  the  time  of  his 
death,  the  estate  goes  to  the  mother  in  exclusion  of  the  issue  of  any 
of  the  deceased  brothers  and  sisters.     If  decedent  leaves  surviving 
husband  or  wife,  no  issue,  no  father  nor  mother,  nor  brother  or  sis- 
ter, the  whole  estate  goes  to  the  surviving  husband  or  wife.     If 
neither  issue,  husband,   wife,   father,    mother,  brother,  sister,  his 
estate  goes  to  next  of  kin  in  equal  shares.     If  several  children  and 
one  child  die,  under  age,  not  having  been  married,  all  the  estate 
which  came  to  such  child  by  inheritance  descends  in  equal  shares  to 
the  other  children  of  the  same  parent.     If  the  decedent  leaves  no 
husband  or  wife,  or  kindred,  the  estate  goes  to  the  Territory  for  the 
support  of  common  schools. 


WILLS.  253 

Aliens  may  take  by  succossion  or  otherwise,  hold  and  dispose 
of  property,  real  aud  personal,  the  same  as  citizens. 

District  of  Columbia.— No  will,  testament,  or  codicil  is 
ell'ectual,  for  any  purpose  whatsoever,  unless  jjersou  making  the 
same  was  at  the  time  of  its  execution  or  acknowledgment,  of  sound 
mind,  and  capable  of  disposing  and  making  a  valid  contract.  Male 
persons  of  the  full  age  of  twenty -one  years,  and  females  of  the  full 
age  of  eighteen  years,  may  make  a  valid  will  as  to  interest  or  pstatn 
in  laud,  tenements  devisable  by  law  or  iucorporal  hereditaments. 

All  Devisks  and  Bequests  of  lands  or  tenements  devisable  by 
law,  must  be  in  writing,  aud  signed  by  ])ersuu  devising  the  same,  or 
by  some  other  person  in  his  presence,  and  by  his  e.xpress  directions, 
and  must  be  attested  and  subscribed,  in  presence  of  said  devisor, 
and  four  credible  loUnesses. 

DowEK  CAN  BE  Baured  by  jointure  of  settlement  before  mar- 
riage. Widow  not  dowable  of  lands  of  which  husband  was  pos- 
sessed, but  to  which  he  had  no  legal  title. 

Florida. — Every  person  of  the  full  age  of  21  years,  being  of 
sound  mind,  shall  have  power  by  last  will  and  testament,  in  writing, 
to  devise  and  dispose  of  his  or  her  lands,  tenements  aud  heredita- 
ments, and  of  his  or  her  estate,  right,  title  and  interest  in  the  same, 
in  possession,  remainder  or  revision  at  the  time  of  the  execution  of 
said  will  and  testament ;  jjrooided,  that  every  such  last  will  and  tes- 
tament shall  be  signed  by  the  testator  or  by  some  one  in  his  or  her 
presence,  and  by  his  or  her  express  directions,  and  shall  be 
attested  and  subscribed,  in  the  presence  of  the  said  testator  or  tes 
tatrix,  by  three  or  more  witnesses,  or  else  it  shall  be  utterly  void 
and  of  no  cft'ect. 

A  married  woman  may  dispose  of  her  separate  property,  boUi 
real  and  porsoual,  by  last  will  and  testament,  in  the  same  manner  as 
if  she  were  not  married. 

Foueigneks  have  the  same  rights  as  to  the  ownership,  inherit- 
ance aud  disposition  of  property,  in  this  State,  as  citizens. 

Aix  Puoi'EUTY  means  what  the  testator  or  testatrix  is  pos- 
sessed of  at  the  date  of  the  execution  of  the  last  will  and  testa- 
ment. 


254  HEADY   REFERENCE   MANUAL. 

EvEUY  Heik  need  not  be  ineutioued  or  receive  a  moiety,bet'auHe 
all  heirs  under  intestate  estates  take  share  and  share  alike ;  but  by 
will  each  legatee  takes  as  purchaser,  and  none  receive  except  those 
who  come  within  the  general  provisions  or  particular  expression  of 
the  will. 

Witnesses  cannot  be  legatees,  or  executors  cannot  act  if  they 
have  any  interest  by  way  of  being  partners  or  jointly  interested  in 
any  real  or  personal  property  of  the  testator  or  testatrix. 

Pii0i>ATE  OF  Will.  Last  wills  and  testaments,  both  of  real  and 
personal  property,  may  be  admitted  to  probate  upon  the  oath  of 
any  person  appointed  executor  or  executrix  thereto,  or  where  no  ex- 
ecutor or  executrix  is  appointed,  if  any  other  credible  person  having 
no  interest  under  the  will,  that  he  or  she  verily  believes  the  writing 
exhibited  as  the  last  will  that  the  testator  or  testatrix  made,  and  to 
bo  the  true  last  will  and  testament  of  the  deceased,  which  probate 
may  bo  granted  in  term  or  vacation  by  the  several  judges  of  the 
County  Court. 

Probate  is  conclusive  evidence  of  validity  as  to  personalty, 
and  prima /iicie  e\idGnce  an  to  realty.  Probate  of  wills  duly  ob- 
tained in  other  States  or  foreign  countries  relating  to  property  in 
the  State,  will,  by  duly  being  attested  before  foreign  probate  courts, 
seal  and  certification,  bo  admitted  and  given  the  same  efiect  as  wills 
executed  within  the  State.     Admiiiisiration. — See  North  Carolina. 

Georgia. — All  wills  (except  nuncupative)  must  be  in  writing  ; 
the  testatrix  or  testator  must  be  of  sound  mind  and  of  full  age  ;  no 
particular  ^\ords  or  form  is  necessary.  The  maker  must  sign  the 
same,  or  by  some  other  person  in  his  presence,  and  by  his  express 
directions,  and  shall  be  attested  and  subscribed  in  the  presence  of 
the  maker,  by  three  competent  witnesses. 

MAiuuEn  WoMEX  .\ND  Aliens  possess  all  privileges  of  other  cit- 
izens to  dispose  of  their  real  and  personal  property  by  will. 

The  Law  of  Non-kesident  administrator  applies  to  non-resident 
executo)'  or  executrix.  (Aliens  and  non-residents  are  not  qualified 
to  act.) 

Wife's  Doweu  is  the  right  of  a  wife  to  an  estate  for  life  in 
one-third  of  the  lands,  according  to  valuation,  including  the  dwell- 
ing house  (which  is  not  to  be  valued  unless  in  a  town  or  city),  of 


WILLS.  255 

wliicb  the  busbaml  was  seized  iiuil  possessed  at  the  time  of  Lis 
death,  or  which  the  husband  obtained  title  in  right  of  his  wife. 

Dower  may  be  Bauked  by  the  following  provisions  when  made 
})rior  to  marriage  and  accepted  by  the  wife  after  the  husband's 
death,  expressly  in  lieu  of  dower;  or  when  the  intention  of  the  hus- 
band is  plain  and  manifest  that  it  shall  be  in  lieu  of  dower  :  By  elec- 
tion of  the  widow  to  accept  a  child's  part  of  the  real  estate  in  lieu 
of  dower  •.  by  the  election  of  the  widow  or  a  failure  to  apply  for 
dower  within  seven  years  from  the  death  of  her  husband  ;  by  join- 
ing in  a  deed  with  her  husband  to  lauds,  the  title  to  which  came 
through  her ;  or  by  adultery  of  the  wife,  unpardoned  by  her  hus- 
band. The  widow  is  entitled  to  the  dwelling  house  and  furniture 
from  the  death  of  her  husband  until  the  dower  is  assigned  and  her 
portion  of  the  furniture  is  set  apart.  No  lien  created  in  any  manner 
by  the  husband  during  his  lifetime,  acts,  though  consented  to  by 
his  wife,  shall  in  any  maoner  interfere  with  her  right  to  dower. 

Iowa. — Aliens,  married  and  unmarried  women,  and  every  male 
of  full  age  and  sound  mind  can  make  a  will.  Alales  21,  females  18. 
Every  will  must  be  in  writing  and  two  witnesses  must  subscribe  to 
attest.  Wit/iesses  cannot  be  legatees.  Only  the  persons  and  chil- 
dren named  in  the  will  can  inherit,  excepting  a  posthumous  child, 
which  inherits  the  same  interest  as  though  no  will  had  been  made. 
A  will  holds  good  (contingently)  from  the  date  of  its  execution  ; 
marriage  subsecpient  thereto,  modiiies  it,  as  the  wife  inherits  one- 
half  of  the  testator's  estate  if  he  dies  without  issue,  and  one-third 
if  with  issue,  and  the  unborn  child  or  children  as  shown  above.  The 
will  is  revocable  during  the  life  of  testator.  Where  the  husband 
dies  intestate  the  wife  receives  one  third  and  the  residue  is  distrib- 
uted share  and  share  alike. 

Adminlstuation. — See  Michigan. 

Indiana. — Testator  must  be  21  years  of  ago,  of  sound  mind, 
may  devise  by  last  will  and  testamont,  any  interest  descendable  to 
their  heirs,  which  they  may  have  in  any  lands,  tenements  or  personal 
property.  A  married  woman  can  devise  her  property  without  any 
concurrence  of  the  husband.  An  Indian  not  a  <!itizen  may  make  a 
will.  Children  may  be  wholly  disinherited  by  a  will.  A  promise 
to  c.iiother  of  a  legacy  or  testamentary  provision  to  be  made  in  his 


256  READY  REFERENCE  MANUAL. 

favor    upon   valuable  coiiHicU'iatioii,  uiav,   if  not  coiuplied  witb,  be 
enforced  against  testator's  estate.     (  See  Frost  vs.  Tarr,  53,  Ind. 
390. )     The  marriage  of  a  nnm  or  of  a  woman  does  not  revoke  a 
will,    but   the   birth   of  a   child   unprovided  for    therein,  has  such 
effect.     Wills  must  have  two  witnesses  as  competent  as  the  testator, 
who  must  witness  tlie  attest.     If  the  witnesses  should  become  after- 
wards incompetent,  this  will  not  invalidate  the  will.     Persons  can 
make  nuncupative  (not  written)  wills  where  it  is  in  their  last  sick- 
ness and  the  value  of  the  property  becjueathed  does  not  exceed  $100. 
This  must  be  taken  down  in  writing  by  some  one  in  the  presence 
of  two  witnesses  and  tiled  within  lifteen  days  after  the  decease  of 
the  devisor.     No  will  made  within  the  State  can  be  probated  in  any 
other  State.     Wills  devising  lands  in  foreign  countries  or  outside 
the  State,  are  held  subject  to  the  laws  of  such  countries  and  such 
States.     Wife  has  no  dower  in  lands  and  husband  no  courtesy  in  his 
wife's   estate.     Wives   take   by   descent   from   husband's  intestate 
estate    as   follows:      One-third   of   his   real   estate   free    from   all 
demands  of   his  creditors ;    where  the  property  exceeds  $10,000  in 
value,  one-fourth  ;  where  it  exceeds  $20,000  one-iifth.     Husband  is 
by  descent  from  wife  entitled  to  one  third  of  her  estate.     If  hus- 
band die  and  leave  one  child,  then  the  estate  is  divided  share  and 
share  alike  between  his  widow  and  child. 

Apministu.vtion. — See  Michigan. 

Note. — By  an  act  of  the  legislature,  taking  efiect  July  18th, 
1885,  the  right  of  an  alien  is  restricted  to  accpiiring  title  by  devise 
or  descent,  and  the  property  so  actjuired  must  be  disposed  of  within 
live  years;  but  aliens  residing  in  Indiana,  who  have  given  notice  of 
their  intention  to  become  citizens  of  the  United  States,  are  not  so 
efl'ected. 

Illinois.  — W'ills  must  have  two  or  more  witnesses,  who  must 
sign  in  the  presence  of  testator,  in  presence  of  each  other,  and 
at  his  or  her  request.  Testator  or  some  one  for  him  or  her 
must  sign  and  attest  will  ia  the  presence  of  each  witness.  The 
statute  says :  •'  l^jvery  male  person  over  twenty-one  and  evei  y 
female  over  eighteen,  of  sound  mind,  etc.,  may  make  a  will  of  his  or 
her  property."  Aliens  can  make  wills  as  well  as  citizens.  IMarrietl 
women  can  dispose  of  their  property  same  as  if  unmarried  and  with- 


WILLS.  257 

out  auy  restiictious.  Marriayc  in  all  canes  revokes  a  will.  Child 
born  after  execution  of  will  does  not  revoke  will  unless  it  appears 
from  will  that  the  testator  iuteuded  to  disinherit  such  child,  the 
devises  and  lefjfacies  shall  be  abated  in  ec^ual  proportion  to  raise  a 
portion  for  said  child  ei^ual  to  the  portion  it  would  have  taken  had 
the  estate  descended  intestate.  It  is  not  essential  for  validity  to 
have  every  child  mentioned  in  a  will.  Married  women  can  make 
wills  independent  of  husband's  interest,  but  not  so  as  to  deprive 
him  of  his  dower  right,  excepting  as  follows :  Any  provision  in  a 
will  of  husband,  or  of  wife  by  husband,  will  bar  the  dower  of  the 
surviving  party  unless  otherwise  expressed  in  the  will,  but  if  done 
within  one  year  after  date  of  letters  testamentary,  the  survivor  may 
in  writing  to  the  County  Court,  remove  the  provisions  in  the  will 
allotting  some  consideration  in  lieu  of  the  dower,  and  thereby  take 
dower  under  the  statutory  provisions  ;  but  in  no  case  can  both  be 
held.  A  devise  or  bequest  to  a  witness  is  void  and  will  void  the 
instrument  unless  two  other  witnesses  besides  the  one  being  a 
devisee  are  subscribed  to  the  will.  If  devisee  named  in  a  will  being 
a  child  or  grandchild  of  testator,  die  before  testator,  and  no  provis- 
ion is  made  for  such  case,  the  issue  shall  take  such  interest;  if  no 
issue,  that  devise  or  legacy  becomes  a  separate  intestate  estate. 

I^ersons  of  the  aye  of  17  may  be  apjiointed  executors.  Where 
party  knows  he  is  executor,  it  is  his  duty  to  present  will  to  County 
Court  within  thirty  days  for  probate.  Where  witnesses  live  in 
county  they  must  appear  in  court  and  testify  concerning  the  execu- 
tion of  said  will ;  where  witnesses  reside  out  of  the  county  or  State, 
commission  may  issue  under  seal  of  court  to  take  proof.  In  case 
witnesses  are  both  dead,  outside  proof  of  handwriting  of  testator 
and  witnesses  may  be  made.  If  testator  leaves  visible  estate  more 
than  enough  to  pay  debts,  he  may  direct  that  his  executors  be  not 
required  to  give  bond,  otherwise  bond  in  double  the  value  of  estate 
is  required.  Executors  and  administrators  have  two  years  to  settle 
estate,  and  claims  may  be  tiled  any  time  within  that  period. 

Administration. — See  Michigan. 

Kansas. — W'ills  may  be  made  by  any  person  of  full  age  and 
sound  mind  and  memory,  and  having  an  interest  in  real  or  personal 
property.  ■  Must  be  in  writing  and   signed  at  the  end  thereof  by 


258  READY  UEFEUENCE   MANUAL. 

party  making  the  saiuo,  oi"  by  some  otlier  person  in  bis  presence  and 
by  his  express  directioh,  and  shall  bo  attested  and  subscribed  in  the 
presence  of  such  party  by  two  or  more  competent  witnesses,  who 
saw  the  testator  subscribe  or  heard  him  acknowledge  the  same. 
Must  bo  proved  in  Probate  Court,  and  is  subject  to  contest  V)y  ac- 
tion in  the  District  Couit  of  the  county  in  which  it  was  jnobated, 
except  foreign  wills,  if  th<!y  have  been  contested  whore  proven,  can- 
uot  be  contested  here.  Such  action  must  be  commenced  within  two 
years  after  probate  of  the  will. 

NuNCUi'ATivK  Wii.t,  made  in  the  last  .sickness  is  valid  as  to 
})erHonal  property,  it'  reduced  to  writinuf,  and  subscribed  by  two 
competent  witnesses  Ii;iviiitx  mo  interest  in  tlu'  becpieath,  within  ten 
day>s  after  the  speakiM^•  of  the  teslamentar.  words,  and  it  be 
2)rove(l  by  said  witnesses  that  the  testator  was  of  sound  mind  and 
memory  and  not  under  any  restraint,  and  called  up(»n  sonu;  one 
present  at  the  time  tiie  words  were  spoken,  to  bear  witness  to  such 
disposition  as  his  will. 

No  Makkied  Pekso.v  can  BEiiUEATii  AWAY  froui  the  otlier 
(luisband  or  wit'i')  nioi-e  than  (lUe-half  (»f  his  or  lu'r  propert}',  with- 
out the  consent  of  liie  other  in  writing  before  two  witnesses. 

AuTiiENTiCATKi)  Coi'iKS  OF  Wii.LS  e.vccuted  aiid  proved  accord- 
ing to  the  laws  of  another  State  relative  to  property  in  this  State, 
may  he  admitted  to  record  in  the  Probate  Court  of  any  county 
within  the  State  where  any  part  of  the  property  may  be  situated 
— and  thereafter  it  shall  have  the  same  operation  and  effect  as  if 
originally  proved  and  allowed  within  this  State. 

Aliens.  The  constitution  of  this  State  provides  that  no  dis- 
tinction .shall  ever  be  made  between  citizens  and  aliens  in  reference 
to  the  purchase  or  disposition  of  2)ro])erty,  or  its  descent  by  will. 

Kentucky. — Every  person  of  sound  mind  not  being  under 
twenty-one  years  of  age,  nor  a  married  woman,  may  by  will  dis- 
pose of  any  estate,  right  or  interest  in  real  or  personal  estate  that 
lie  maybe  entitled  to  at  his  death,  which  woidd  otherwise  descend 
to  his  heirs  or  pass  to  his  jtersonal  rej>resentative,  and  though  he 
may  become  so  entitled  after  the  execution  of  his  will. 

A  Pekso.v  i'Ni>i:ii  TwKNTV-oNK  Yeaks  oi'  A(;k,  may  make 
a  will   in   pursuance  of  a   power   specially  given    to   that  effect  j 


WILLS.  2r)9 

:iii(l  :i  latlior  (the  U'stator)  may  appoint  \)y  will  a  guardian  to  his 
oliild,  altliougli  lie  he  umlcr  age  liiniself. 

A  Mauuiei)  Woman  may  by  will  dispose  of  any  estate  seemed 
to  her  separate  use  by  deed  or  devise,  as  in  the  exercise  of  a  writ- 
ten power  to  make  a  will. 

No  Will  shall  ni:  VAr,ii)  Unless  it  is  iv  Writing,  with  tlie 
name  of  the  testator  subserii)ed  thereto  by  himself  or  by  some 
other  person  in  his  preseiH;e  and  by  his  direction,  ami  moreover  if 
not  wholly  written  by  the  testator,  the  subscription  shall  be  made 
or  the  will  acknowledged  by  him  in  the  presence  of  at  least  two 
e:\'dible  witnesses,  who  shall  subscribe  the  will  with  their  nanu's  in 
the  presence  of  the  testator. 

No  AlM'OINTMENT    MaDE     HY   Wll.L  I.V  ExEUCISK     OI"  ANY   I'OWEII 

shall  be  valid  unless  the  same  is  executed  that  it  would  be  valid 
for  the  disposition  of  the  property  to  which  the  power  a})p!ies  if  it 
belonged  to  the  testator,  and  every  will  so  executed,  exct'pt  the  will 
of  a  married  woman,  shall  be  a  valid  execution  of  a  ])ower  of  ap- 
poin'ment  by  will  notwithstanding  tlie  instrument  creating  the 
power  expressly  iXM^uireM  that  a  will  made  in  execution  of  such 
power  shall  be  executed  with  some  additional  or  other  form  of 
execution  or  solemnity. 

NuNCUTATiVE  WiLLS.  A  soldier  in  actual  service  oi-  a  mariner 
at  sea  may  dispose  of  his  personal  estate  by  an  unwritten  will  made 
within  ten  days  of  his  death,  and  in  the  presence  of  two  competent 
witnesses  jiresent  at  the  sanu'  time,  and  called  upon  by  him  to 
witness  his  iiitvMition,  if  the  testamentary  words  or  their  substance 
be  reduced  to  writing,  and  subscribed  by  one  of  the  witnesses 
within  sixty  days  next  after  they  were  spoken. 

Foreign  Wills.  A  will  executed  according  to  the  law  of  the 
domicile  out  of  the  State  is  valid  as  to  personal  jn'operty. 

Mabuiage  revokes  a  will  exct'pt  when  made  in  exercise  of  power 
of  appointment  of  an  estate  which  would  not  in  default  of  sucli 
apj)ointment  pass  to  his  or  her  heirs,  persona!  representative,  or 
next  of  kin.  A  will  once  revoked  must  be  re-executed  or  a  codicil 
executed  in  the  manner  hereinbefore  reipiired  to  be  binding. 

A  CuKiJiTOK  MAY'  Attest  a  will,  though  it  charges  his  estate 
with  the  debt.     If  a  will  is  attested  by  a  person  to  whom  or  to> 


2()()  ItEADY   llEFEKENCE   MANUAL. 

whose  wife  or  liusbaiid  any  bciu'Hcial  iiitfrest  in  ;iiiy  I'Htiite  is 
tliorcby  devised  or  hociueutlicd,  if  tiie  will  may  not.  ho  otherwise 
proved,  such  person  sliall  he  decided  a  coinpeU'Ut  vvitness;  hnt  sucli 
devise  or  hecjiiest -sliall  he  void;  except,  it"  such  witness  would  he 
entitled  to  any  share  of  the  estate  of  the  testator  in  case  the  will 
were  not  established,  so  much  of  his  share  of  the  estate  shall  be 
saved  to  liim  as  sliall  exceed  the  value  of  what  is  devised  or  be- 
•pieathed  under  tlie  will. 

No  Person  on  Account  ok  his  Bkin<;  ExEcuroKof  a  will,  shall 
be  incompetent  as  a  witness  for  or  against  the  will. 

Louisiana. — Aliens,  married  women  and  minors  of  sound 
mind  o\ov  the  ages  of  16  can  make  wills  of  personalty.  All  persons 
devising  real  property  must  be  of  age.     Males  21  and  females  18. 

Makuied  Women  cannot  disj^ose  of  their  separate  estate  only 
subject  to  their  husband's  courtesy,  or  such  protection  in  certain 
cases  as  the  courts  will  grant. 

Testators  need  not  mention  every  heir  in  their  will,  but  the 
rights  of  the  widow  in  all  community  property  caimot  be  abridged. 
Widows  take  one  half  of  u..  community  property. 

The  Attest  of  a  will  must  be  witnessed  by  at  least  two  sub- 
scribing witnesses  that  are  not  legatees,  uuless  that  the  testator 
goes  and  acknowledges  his  hand  and  seal  before  a  notary.  In  such 
cases  the  attest  of  the  notary  will  be  sufficient  evidence.  Holo- 
graph wills  can  be  established  by  proof  of  the  same  being  genuine. 

Nuncupative  Wills  are  only  accepted  by  sailors,  and  persons 
whose  vocations  are  limited  or  restricted  by  similar  service  either 
upon  the  high  seas  or  in  defence  of  their  country. 

Massachusetts. — ( 1 )  Every  person  of  full  age  and  sound 
mind  may  by  his  last  will  in  writing  dispose  of  his  estate,  both  real 
and  personal.  This  applies  to  both  sexes,  married  or  unmarried. 
Full  age  in  this  commonwealth  is  twenty-one  yeafs  for  both  sexes. 

A  Mariued  Woman  may  make  a  will  in  the  same  manner  and 
Avith  the  same  eftect  as  if  she  were  single  ;  but  without  her  hus- 
band's written  consent  she  cannot  by  such  will  deprive  him  of  ten- 
ancy by  the  courtesy  in  her  real  estate ;  or  of  the  right  to  the  use 
of  one-half  of  such  real  estate  for  bis  right  and  use  during  his  nat- 


WILLS.  2ni 

ural  life,  if  they  have  had  no  issue  born  alive ;  or  of  her  roul  eHtute 
in  fee  not  exceeding  five  thonsniid  dollars  in  value  where  no  issue 
was  born  to  them  alive,  besides  his  eaid  life  estate  In-  courtesy  in 
her  other  real  estate,  or  in  one-half  thereof  in  case  no  issue  sur- 
vives her,  or  more  than  one  half  of  her  personal  estate.  A  inurried 
woman  deserted  by  or  living  apart  from  her  husband  for  jiistifiabln 
cause,  may  after  a  decree  of  the  proper  court  establishing,'  such  fact, 
dispose  of  h(Pr  real  estate  and  personal  property  by  will  without  his 
written  consent,  as  if  she  were  sole. 

2,  3.  The  will  of  a  fenune  sole  is  revoked  by  her  subsequent 
marriage  alone.  The  will  of  an  unmarried  man  is  revoked  by  mar- 
riage and  the  birth  of  a  child. 

4,  5.  If  her  husband  dies  intestate  a  widow  is  entitled  to  her 
dower  at  common  law  in  his  real  estate.  If  he  leaves  no  issue  living, 
she  takes  his  real  estate  in  fee  not  exceeding  ,f  5000  in  value,  and  a 
life  estate  in  one-half  the  other  real  estate  of  which  he  died  seized, 
or,  if  she  files  her  election  therefor  in  the  probate  office  within  six 
months  after  the  date  of  letters  of  administration  on  his  estate,  she 
may  have,  instead  of  such  life  estate,  her  dower  in  his  real  estate 
other  than  that  taken  by  her  fee.  If  he  dies  intestate  and  leaves 
no  kindred  she  takes  the  whole  of  his  real  estate  in  fee. 

A  widow  is  further  entitled  to  one-third  of  her  husband's  per- 
sonal estate  if  he  dies  intestate  and  leaves  issue,  but  if  he  dies  intes 
tate  and  leaves  no  issue,  she  is  entitled  to  the  whole  of  his  personal 
estate  to  the  amount  of  $5,000,  and  to  one-half  the  excess  above 
.^10,000  ;  if  he  leaves  no  kindred,  his  widow  is  entitled  to  the  whole 
of  his  personal  estate. 

Under  any  circumstance  a  widow  is  entitled  to  her  articles  of 
apparel  and  ornament,  and  to  remain  in  the  house  of  her  husband 
for  forty  days  after  his  death,  rent  free.  A  further  allowance  of 
personal  property  may  be  allowed  by  the  Probate  Court  to  the 
widow  for  herself  and  his  family  under  her  care.  She  is  also  entitled 
(ii  right  of  interment  for  her  body  in  any  lot  or  tomb  of  which  her 
husband  was  seized  at  any  time  during  coverature. 

6,  7.  ^Yhether  a  woman  dies  testate  or  intestate  her  husband 
is  entitled  to  courtesy  at  common  law  in  his  wife's  real  estate,  if 
they  have  had  issue  born  alive  which  might  have  inherited  such 
estate.     If  they  have  had  no  such  issue,  he  is  entitled  to  an  estate 


202  READY   IIRFERENOE   MANUAL. 

in  one-half  nnch  lands  fluriiig  his  life.  If  she  dies  and  leaves  no 
issue  living  he  takes  real  estate  in  fee  to  an  amount  not  exceeding 
$5,000  in  value,  and  also  has  an  estate  by  the  courtesy  or  other  life 
interest  as  aforesaid  in  her  other  real  estate.  If  she  dies  intestate 
and  leaves  no  kindred,  ho  takes  the  whole  of  her  real  estate  in  fee. 
If  a  married  woman  dies  intestate  her  husband  takes  one  half  her 
personal  estate,  if  she  leaves  issue ;  but  if  she  leaves  no  issue  he 
takes  the  whole. 

8.  A  beneficial  devise  or  legacy  in  a  will  to  a  person  who  is  a 
subscribing  witness  thereto,  or  to  the  husband  or  wife  of  such 
person,  is  void,  unless  thei-e  are  three  other  competent  subscribing 
witnesses  to  such  will. 

9.  Every  Will  most  have  Three  Competknt  Witnesses,  who 
must  bo  present  and  at  the  testator's  request,  and  see  him  sign  his 
name  at  the  bottom  and  declare  it  to  be  his  will  and  testament,  and 
the  witnesses  to  subscribe  their  names  in  the  presence  of  the  t(^sta- 
tor  and  of  each  other. 

10.  A  will  speaks  from  the  death  of  the  testator,  wherever 
such  is  his  obvious  intention. 

11.  A  soldier  in  actual  service,  or  a  mariner  at  sea,  may  dispose 
of  his  personal  estate  by  a  nuncupative  will. 

12.  A  Testator  Can  Disinherit  All  or  anj'  one  of  his  chil- 
dren, but  such  must  clearly  appear  to  have  been  his  intention  and 
not  the  result  of  accident  or  mistake.  Otherwise  any  child,  or  issue 
of  any  deceased  child,  not  provided  for  by  the  will,  takes  the  share 
of  the  testator's  estate  to  which  they  would  have  boon  entitled  if  he 
had  died  intestate,  unless  they  have  been  already  provided  for  by 
him  in  his  lifeti; c  A  posthumoua  child,  having  no  provision 
made  for  him  by  his  father  by  will  or  otlierwise,  takes  the  same 
share  of  his  father's  estate  to  which  he  would  have  been  entitled  if 
his  father  had  died  intestate.  8o,  too,  a  married  woman  can  disin- 
herit her  children,  but  the  above  provisions  apply  to  her  as  well  as 
to  her  husband. 

13.  14.  A  testator  cannot  deprive  his  wife  of  her  legal  rights  in 
his  estate.  He  may  by  his  will  provide  for  her  in  lieu  of  dower  ;  and 
if  she  accepts  such  provision,  she  will  not  be  entitled  to  her  dower 
in  addition  thereto,  unless  such  plainly  ajipears  by  the  will  to  have 
been  the  testator's  intention.     A  widow  may  however,  at  any  time 


"\vTi,i,s.  2fi3 

within  six  months  from  the  jirobato  of  her  huHhancVH  will,  file  ii 
waiver  of  any  i>rovi8i()nH  mailo  for  lier  in  his  will,  or  claiming  the 
same  portion  of  liis  estate  as  she  would  l)o  entitled  to  if  he  had  died 
intestate,  and  nhe  will  thereupon  be  entitled  to  the  same  portion  of 
liiH  estate,  real  and  personal,  to  wliieh  hIic  would  have  been  entitled 
if  lie  had  died  intestate,  except  that  if  h*!  had  died  intestate, 
and  she  would  thus  beeome  entitled  to  i>ersonal  estate  in  value 
more  than  S10,000,  she  will  further  receive  in  addition  to  said  sum 
only  the  income  of  the  excess  of  her  share  above  said  .*1'),()0()  for 
her  natural  HTe. 

Maryland. — Every  sane  person  ean  make  a  will.  Males  can 
devise  personal  property  when  fourteen  years  of  age  and  lands 
when  twenty-one;  females  ean  devise  jtersonal  property  when  twelve 
years  of  age  and  lands  when  eighteen.  An  alien  can  make  wills 
in  a  like  manner.  Married  women  can  will  her  independent  jirop- 
erty,  and  without  her  husband's  interest.  A  husband  cannot  de 
prive  his  wife  of  one-third  interest  in  persoiuil  ]>roperty  and  a  dower 
in  real  estate,  but  he  can  cut  off  his  children  if  he  wishes.  Two  or 
more  witnesses  arc  required  to  every  will  wlio  are  not  legatees.  Tlie 
marriage  of  an  unmarried  womnn  having  a  will  made  prior  to  her 
becoming  a  mother,  voids  her  will.  Wills  must  be  tiled  for  probate 
within  thirty  tlays  after  the  death  of  testator. 

Michigan — The  requirements  of  a  legal  will  are  that  the  per- 
son making  it  shall  be  above  the  age  of  twenty-one  years,  of  Bound 
mind  and  under  no  undue  restraint;  it  must  be  executed  in  writing, 
and  subscribed  by  the  testator.  It  must  have  two  attesting  wit- 
nesses, who  subscribe  their  names  in  the  presence  of  the  testator, 
and  who  are  not  legatees  under  tlie  will.  To  probate  a  will  a  duly 
verified  petition,  alleging  the  death  of  the  testator,  and  that  he  died 
testate  ;  and  that  his  will  was  executed  by  him  when  of  sound  mind, 
and  under  no  undue  restraint :  was  duly  witnessed  ;  and  the  will 
should  accompany  the  petition  and  be  filed  in  the  Probate  Court. 
The  petition  should  contain  a  prayer  for  the  allowance  of  the  will. 
Notice  is  th(!n  given  to  the  parties  interested,  either  by  personal 
service  or  by  publication,  as  the  court  directs,  and  the  execution  of 
the  will  must  be  proven  at  the  time  and  place  set  forth  for  the  hear 
ing  by  one  of  the  subscribing  witnesses,  if  he  can  be  obtained  ;  and 


261:  READY   REFKRENCE   MANUAL. 

in  casG  of  contost  of  tlio  will  both  of  the  Bubscribing  witnoHHes 
Hhoultl  bo  calU.d.  If  Iho  will  is  fouiul  by  tho  court  iii)oii  heariiif^ 
to  have  been  properly  executed,  aud  the  ioHtator  conipetont  to  make 
r,  will,  tho  court  innkcH  a  dccroe  to  that  eftect,  aud  it  in  then 
recorded.  Tho  will  lued  not  mention  every  heir.  Tho  court 
ondeavorH  to  give  exact  « fVect  to  the  terms  of  the  will  and  the  in- 
tention of  tlu»  testator  in  all  things,  as  expressed  in  the  will,  unlesB 
hin  intention  violates  soinu  rule  of  tho  law.  A  married  woman  muut 
have  husband's  consent. 

PuocEEDiNos  IN  (!ases  OF  ADMINISTRATION  afo  as  followB :  Upon 
petition  to  the  Probate  Court,  made  by  some  heir  or  other  inter- 
ested person,  tho  court  must  give  notice  to  all  parties  interested 
by  publication.  On  the  day  ai)i)ointed  for  the  hearing,  if  suitable 
and  i^roper,  the  court  appoints  some  eligible  administrator  ;  a  pref- 
erence, by  statute,  in  favor  of  the  widow  or  the  person  selected  by  her, 
if  suitable  aud  willing  to  act.  The  administrator  must,  as  must  also 
an  executor,  give  a  bond,  when  letters  of  administration  issue  to  him 
of  the  estate.  On  granting  of  letters  of  administration  the  court 
either  appoints  a  time  and  place  for  hearing  all  claims  against  de- 
ceased, or  the  administrator  himself  with  two  other  commissioners 
are  appointed  to  settle  and  adjust  the  claims.  This  commission  is 
limited  in  the  time  for  hearing  claims  to  not  less  than  six  months  or 
more  than  eighteen.  The  decisions  of  the  commissioners  are  sub- 
ject to  appeal  to  the  Chancery  Courts. 

Maine. — The  testator  must  be  of  sound  disposing  mind,  aud 
a  resident  of  the  county.  It  nmst  be  in  writing  and  have  three  dis- 
interested witnesses,  whether  made  in  this  State  or  elsewhere  (if 
atrecting  property  within  this  State,)  who  nuist  sign  in  the  presence 
of  the  testator,  who  nuist  atlirm  tiiat  the  instrument  is  his  last  will 
and  testament,  and  that  he  revokes  all  prior  wills  or  testaments 
hitherto  made  by  him.  AVills  must  be  presented  for  probate  within 
thirty  days.  Court  must  give  public  notice  of  the  same  for  three 
weeks.  One  witness  will  be  sufficient  to  verify  unless  a  contest. 
Married  women  and  aliens  can  make  wills.  Minors  of  either  sex 
cannot.  The  will  aflfects  all  the  property  of  the  testator  and  speaks 
from  death,  unless  otherwise  stipulated.  Every  heir  must  be  men- 
tioned (that  is  next  of  kin)  but  he  is  not  obliged  to  give  them  any- 


WILLS.  205 

thing.  His  wife  is  entitled  to  oiu^-tbird  in  nil  comiminity  property 
and  tho  testator  cannot  deprive  her  of  it.  Adininistration. — See 
Micliigiin. 

Missouri. — MuUm  ovoreightoon  yeftrs  ran  will  pcrHonnl  i>rop - 
erty  ;  over  twmity-ono,  real  oHlut<'.  ^^an•i»'d  or  immiirricd  wonicii 
can  dispoHe  of  ivny  property  in  their  own  rij,'hl  iit  ci^lilecn  yc ms  of 
iige;  niiUTied  women  are  Hubjoctto  the  rights  of  her  huslmnd'H  cour- 
tesy. Aliens  can  dispose  of  property  of  all  kinds  in  a  like  manner 
as  citizens.  Every  will  must  be  in  writing,  signed  by  the  testator, 
or  by  sonio  one  by  his  request  and  at  his  direction,  and  in  his  pres- 
ence. The  will  must  be  attested  by  two  or  more  witnesses,  who 
are  not  interested  directly  or  indirectly  in  the  estates  and  in  the 
presence  of  each  other  and  the  presence  of  the  testator.  All  the 
children  of  the  testator  must  be  mentioned,  or  those  living,  and  if 
dead  the  oft'springs  of  the  dead  if  any,  or  testator  will  be  held  to 
have  died  intestate.  The  term  of  "all  property''  used  in  a 
will  is  held  to  moan  at  time  of  death,  unless  otherwise  rpialitied. 
After  death,  upon  satisfactory  proof  by  witnesses  to  will  who  will 
separately  make  oath  to  the  ex(!Cution  of  the  will,  as  shown  and  ac- 
knowledged by  the  witness  to  bo  the  identical  one,  the  court  if  not 
contested  issues  the  order  of  probate  in  the  ordinary  way  and  it  is 
recorded  wherever  any  lands  of  the  testator  are  within  the  same, 
mentioned.  Tho  executors  generally  named  in  tho  will  if  com- 
petent are  commissioned  by  court  to  settle  and  adjust  the  estate. 
The  will  can  bo  contested  within  five  years  after.  Adt/ihiistration. — 
See  Michigan. 

Mississippi. — Wills  may  be  written  l)y  any  person  of  sound 
mind  and  21  years  of  age  ;  they  must  be  subscribed  by  the  testator, 
or  by  some  other  person  in  his  presence,  and  by  his  express  direc- 
tion, and  attested  by  two  or  more  credible  witnesses,  in  his  presence. 

A  Devise  to  a  Witness  is  void,  but  the  will  is  not  voided 
thereby. 

HoLonRAPn  Wir.LS  wholly  in  the  handwriting  of  the  testator  and 
signed  by  him  some  in  place  upon  the  instrument,  upon  affidavit 
of  two  or  more  credible  persons  who  know  his  or  her  handwriting, 

n 


200  READY  REFERENCE   MANUAL, 

proof  cau  to  that  effect  au  J  to  bis  signature  establish  the  same  as  his 
or  her  will. 

No  NcNcrPATivK  Will  can  be  established  unless  made  in  the 
last  sickness  of  the  deceased,  at  his  or  her  habitation,  or  where  he 
or  her  hath  resided  for  ten  days  previous  to  their  demise,  and  where 
the  value  does  not  exceed  $100.  It  must  be  shown  by  two  witnesses 
tliat  (ho  testator  or  testatrix  called  on  some  person  present  to  take 
notice,  or  bear  witness  that  snc^i  was  his  will  (or '  ;r  will,)  or  words 
to  that  effect. 

Aftek  six  Months  op  Speaking  of  the  words  in  a  nuncupative 
will,  no  testimony  shall  be  received  to  prove  it,  unless  such-  words 
shall  have  been  reduced  to  writing  within  six  days  after  their  speak- 
ing. These  r  'es  does  not  apply  to  bequests  of  goods  and  chattels 
by  soldiers  in  actual  service  or  mariners  at  sea. 

Authenticated  Copies  of  wills  proved  according  to  the  laws  of 
any  State  or  Territory,  or  any  foreign  country,  and  touching  or  dis- 
posing of  estate  within  this  State,  may  be  probated  here,  subject  to 
be  contested  as  the  original  would  have  been,  if  it  had  been  executed 
within  this  State  ;  or  the  original  instrument  may  be  probated  here, 
if  executed  under  the  forms  of  such  foreign  state  or  country. 

Aliens  may  acquire,  and  hold  lands,  dispose  of  them,  and  trans- 
mit them  by  descent,  in  the  same  manner  as  citizens  do. 

The  Validity  of  a  will  may  be  contested,  by  petition  or  bill,  at 
any  time  within  two  years,  saving  infants  or  concealed  fraud — 
when  an  issue  may  be  made  up  at  any  time  thereafter  within  two 
years  of  the  knowledge  of  such  fraud. 

Marriagk  will  void  a  will  when  a  child  is  born,  either  before  or 
after  the  testator's  death. 

Married  Women  can  dispose  of  their  separate  property  by  will, 
in  all  respects  as  if  unmarried. 

Minnesota. — Every  Perron  of  full  Age  and  sound  mind, 
seized  in  his  own  right  of  any  lands,  or  entitled  to  any  interest  de- 
scendible to  his  heirs,  may  devise  and  dispense  w  ith  the  fianie  by  will 
in  writ'ig,  and  also  bc(]ueath  all  personal  estate  or  property  in  a 
like  ma..nor. 

Married  Woman  may  dispose  of  any  real  or  personal  property 


WILLS.  267 

held  by  her,  or  to  which  she  is  entitled,  in  her  own  right,  by  will  in 
writing ;  she  can  alter  or  revoke  the  same  as  if  she  was  unmarried. 

No  Will  (except  nuncupative  wills  as  bai'einafter  provided) 
shall  be  eft'ective  to  pass  any  estate,  real  or  personal,  so  as  to  change, 
or  in  any  way  affect  the  same,  unless  it  is  in  writing,  signed  at  the 
end  in  writing  by  the  testator,  or  by  some  one  person  in  his  presence, 
by  his  ('xpress  direction,  and  attested  and  subscribed  in  his  presence 
by  two  or  more  witnesses. 

NrNCDPATiVE  Wills  are  not  valid  unless  made  by  a  soldier 
while  in  actual  service,  or  by  a  mariner  at  sea. 

All  Beneficial  Devises,  legacies  and  gifts  made  or  given  in 
any  will  to  a  subscribing  witness,  are  wholly  void,  unless  there  are 
two  other  subscribing  witnesses. 

Every  Person  having  the  custody  of  a  will  shall,  within  thirty 
days  after  he  has  had  knowledge  of  the  death  of  the  testator,  deliver 
the  same  to  the  Probate  Coui't,  or  to  the  executors  named  in  the 
will.  When  the  will  is  delivered,  the  Probate  Court  shall  appoint  a 
time  and  place  for  proving  it ;  if  no  person  appears  to  contest  it, 
the  Court,  in  its  discretion  may  grant  probate,  on  the  testimony 
of  one  witness,  if  such  witness  testifies  that  the  will  was  executed 
according  to  law. 

FoREioN  Wills. —  A.11  wills  proved  and  allowed  in  any  outside 
state  or  country,  according  '  ^  law,  maybe  allowed,  tiled  and  recorded 
in  the  Probate  Court  of  any  county,  in  which  testator  has  personal 
or  real  estate;  wherever  the  word  executor,  in  laws  construed  to  in- 
clude administration  with  the  will  annexed. 

i\[ARRiAGE  OR  THE  BiRTH  OF  A  PosTHDMOus  Child  Only  revokes  the 
will  insonmch  as  its  intestate  right  would  enforce  by  statute. 

Nebraska. — Any  person  of  full  age  and  sound  memory,  hav- 
ing an  interest  in  real  or  personal  property,  may  give  and  devise 
the  same  by  will,  lawfully  executed.  Must  bo  in  writing,  signed  at 
the  end  by  the  testator,  or  by  some  other  person  in  his  presence  and 
by  his  express  direction  ;  must  be  attested  and  subscribed  in  his 
presence  by  two  or  more  competent  witnesses  who  saw  him  sign  it 
or  acknowledge  the  same.  May  be  deposited  in  Probate  Court  at 
any  time,  and  can  only  be  withdrawn  by  the  testator  while  living, 
or  some  authorized  person. 


208  READY   REFERENCE   MANUAL. 

No  Leoatek  or  Devisee  can  witness  a  will. 

FouEiriN  Wills. — Wills  executed  and  proved  according  to  the 
laws  of  some  other  State,  may  be  probatejd  in  this  State,  and  have 
the  same  validity  as  wills  executed  in  this  State. 

Nuncupativp:  Wills  to  be  good  must  be  witnessed  by  three  wit- 
nesses, made  at  the  last  sickness,  and  the  words  taken  down  within 
six  mcuths  after  their  utterance.  This  does  not  apply  to  soldiers 
and  sailors,  or  where  the  property  willed  does  not  exceed  $150  in 
value. 

HoLoauApnio  Wills  can  not  be  established  under  the  laws  of 
Nebraska. 

New  Hampshire. — Every  person  of  the  full  age  of  twenty- 
one  years  can  dispose  of  his  or  her  property  both  real  and  per- 
sonal, by  last  will  or  testament. 

Minors  of  either  sex  cannot  make  last  wills  and  testaments  of 
personal  property,  unless  wife  is  under  age  and  owning  separate 
estate,  she  can  dispose  of  the  same  by  will  subject  to  her  husband's 
right  of  courtesy. 

IMarriaoe  revokes  any  will.  Birth  of  a  child  will  void  a  will 
if  no  provision  is  made  for  the  same  occurring. 

Testators  cannot  ignore  or  abridge  the  rights  of  their  widows 
by  their  last  will  and  testament.     He  can  disinherit  every  child. 

Witnesses. — Every  will  executed  must  have  thi'ee  competent 
disinterested  witnesses,  if  signed  by  the  testator;  if  by  some  other 
person  at  the  direction  and  express  request  of  the  maker,  then 
<^hree  witnesses  and  the  person  so  signing  for  the  maker. 

NuNcnPATivE  or  Holograph  wills  are  not  admitted  under  any 
circumstances. 

All  Wills  speak  from  death  of  the  testator,  if  the  words  "The 
residue  of  my  estate  I  give,  and"  etc.,  are  in  the  will.    ' 

AViLLS  MUST  be  Filed  for  probate  within  thirty  days  after  the 
death  of  the  maker. 

Probate  and  Administration. — See  sections  134.3,  1344, 1355,  and 
135(5,  of  Washington  Territory.  Establishing  a  will  for  adminis- 
tration, where  witnesses  are  either  incapacitated  by  being  insane, 


WILLS.  209 

idiotic,  incredible  or  dead,  in  this  Corauioiiweiiltb  has  seldom  ever 
been  accepted.  The  Probate  Courts  have  invariably  disallowed 
such  ovideuce  wheu  any  coutest  has  boeu  made  aud  the  estates  have 
been  usually  divided  as  intestate. 

New  Jersey. — Sec.  Ill,  of  the  statutes  of  wills,  provides  as 
follows : — "That  wills  or  testaments,  made  or  to  be  made,  of  any 
lands,  tenements,  or  hereditaments,  or  of  any  estate,  by  any  woman 
covert  or  person  within  the  age  of  twenty-one  years,  or  any  idiot, 
lunatic  or  j^ersons  of  non-sane  mind  and  memory,  shall  not  be  held 
or  taken  to  be  good  or  sufficient  in  law." 

Under  a  subsequent  section  it  provides:  Any  woman  covert 
above  the  age  of  twenty-one  years,  may  dispose  of  by  will  her  real 
or  personal  estate ;  but  cannot  dispose  of  by  will  any  interest  or 
estate  in  real  property  to  which  her  husband  would  at  her  death  be 
entitled  by  law  under  the  descent  of  right  by  courtesy.  The  Act  of 
1851  provides  that  all  wills  and  testaments  must  be  in  writing,  and 
shall  ba  signed  by  the  testator  or  testatrix  (as  the  ease  may  be), 
which  signature  must  be  made  by  the  testator,  or  the  making  there- 
of acknowledged  by  him  and  such  writing  declared  to  be  his  last 
will  and  testament,  in  presence  of  two  disinterested  and  competent 
witnesses,  present  at  the  same  time,  who  shall  subscribe  their  names 
thereto,  as  witnesses  in  the  presence  of  each  other  and  in  the  pres- 
ence of  the  testator.  Every  child  need  not  be  mentioned.  Mar- 
riage of  an  unmaried  woman,  does  not  void  a  will  previously  njade 
by  her,  but  the  birth  of  a  child  would  void  it,  so  far  as  her  husband's 
estate  iu  courtesy  goes.  A  seal  is  not  necessary  to  a  ^vill.  No  will 
can  be  made  of  personalty  by  any  one  under  twenty  one  years  of 
age.  Wills  nuist  be  tiled  for  probate  within  forty  days  after  death 
of  testator;  ten  days  after  the  demise  of  the  maker  it  cannot  be  tiled 
for  probate.  Prohat'mg  Wills  and  Adtninistration  o/ A'states. — 
See  Alichigan. 

New  York. — All  males  eighteen  years  and  over  of  sound 
mind  can  dispose  of  personal  proj^erty  by  will.  Females  sixteen 
years  and  over  can  dispose  of  personal  proi)erty  in  like  manner. 
Aliens  and  citizens  of  both  sexes,  of  the  full  age  of  twenty  one 
years,and  of  sound  disposing  minds  can  make  wills  of  all  their 
property,  real  and  personal.  The  person  making  a  will  must  attest  it 


270  READY  REFERENCE   MANUAL. 

at  the  end  thereof  in  the  presence  of  two  competent  witnesses ; 
each  witness  must  sign  his  name  and  write  in  his  own  handwriting, 
opposite  his  or  (her)  name  his  place  of  residence.  If  the  maker  of 
the  will  cannot  write  liis  (or  her)  name,  three  wituc'ises  should  be 
present,  the  name  of  the  testator  written  by  some  one  and  his  (or 
her)  mark  made  and  declared  so  to  be  in  the  presence  of  the  three 
witnesses.  Wills  speak  from  death  unless  otherwise  provided  in 
the  instrument.  A  testator  can  disinherit  every  child  if  1  •>  thinks 
lit.  Wife's  part  in  community  property  cannot  be  exectetl  by  her 
husband's  will.  Witnesses  cannot  be  le;;;itees.  I'robate  and  Ad- 
■)ni)iistratioii. — See  Michigan. 

North  Carolina. —  No  last  will  or  testament  shall  be  good 
or  sufficient  in  law,  to  convey  or  give  any  estate  real  or  personal, 
unless  such  last  will  shall  have  been  written  in  the  testator's  life- 
time, and  signed  by  him  or  by  some  other  person  in  his  presence 
and  by  his  direction,  and  subscribed  in  his  presence  by  two  witnesses 
at  least,  no  one  of  whom  shall  bo  interested  in  his  devise  or  betpiest 
of  the  said  estate,  except  as  hereinafter  provided ;  or  unless  such 
last  will  and  testament  be  found  among  the  valuable  papers  and 
effects  of  any  deceased  person,  or  shall  have  been  lodged  in  the 
hands  of  any  person  for  safe  keeping,  and  that  the  same  shall  be  in 
the  handwriting  of  such  deceased  person  with  his  name  subscribed 
thereto,  or  inserted  in  some  part  of  such  will ;  and  if  such  hand- 
writing shall  be  proved  by  three  credible  witnesses,  who  verily  be- 
lieve such  will  and  every  part  thereof  is  in  the  haudwritiug  of  the 
person  whose  will  it  appears  to  be,  then  such  will  shall  be  sufficient 
to  give  and  convey  real  and  personal  property.  No  person  on  ac 
count  of  being  an  executor  of  a  will  shall  be  incompetent  to  be  ad- 
mitted a  witness  to  prove  the  execution  of  such  will,  or  to  prove 
the  validity  or  invalidity  thereof.  If  any  person  shall  attest  the  ex- 
ecution of  any  will,  to  whom  or  to  whose  wife  or  husband  any  ben- 
eficial devise,  estate,  interest,  legacy  or  appointment  of  or  affecting 
any  real  or  personal  estate  shall  be  given  thereby  or  made,  such 
devise,  estate,  etc,  shall,  so  far  only  as  concerns  such  person  attest- 
ing the  execution  of  such  will, or  the  wife  or  husband  of  such  person, 
or  any  person  claiming  under  such  person  or  wife  or  husband,  be 
void,  and  such  person  so  attesting,  shall  be  admitted  as  a  witness 
etc.     Every  person  male  or  female  must  be  of  the  full  age  of   21 


WILLS,  271 

years  before  tbey  can  make  a  valid  will  of  any  property  real  or  per- 
sonal. Aliens  have  tlio  same  rights  as  citizens,  only  that  an  alien 
cannot  act  ia  the  capacity  of  an  administrator  if  he  is  a  non-resident 
of  the  State.  Married  women  owning  real  or  personal  property  may 
dispose  of  the  same  by  will  subject  to  the  husband's  courtesy.  Tes- 
tator can  disinherit  all  or  any  oneormore  of  his  children,  but  cannot 
deprive  his  widow  of  her  rights  of  dowerage.  "Wills  speak  from 
death.  Nuncupative  wills  can  be  made.  The  husband  takes  one- 
third  of  wife's  property  if  she  dies  without  issue  and  intestate.  The 
widow  takes  one  half  of  husband's  estate  if  he  dies  intestate  and 
without  issue,  and  one-third  if  she  has  issue. 

Pkohating  a  Will. — In  case  oi  a  written  will  with  witnesses, 
on  the  oath  of  at  least  two  of  the  subscribing  witnesses,  if  living, 
but  when  any  one  or  more  of  the  subscribing  witnesses  to  such  will 
are  dead,  or  reside  out  of  the  State,  or  are  insane  or  otherwise  in- 
competent to  testify,  then  such  proof  may  be  taken  if  the  hand- 
writing, both  of  testator  and  of  the  witnesses,  so  dead,  absent,  in- 
sane or  incompetent,  and  also  of  such  other  circumstances  as  will 
satisfy  the  clerk  of  the  superior  Court  of  the  genuineness  and  the 
due  execution  of  such  will. 

In  case  of  a  holograph  will,  on  the  oath  of  at  least  three  credible 
witnesses,  who  state  that  they  verily  believe  such  will  and  every 
part  thereof  as  in  the  handwriting  of  the  person  whose  will  it  pur- 
ports to  be,  and  whose  name  must  be  subscribed  tliereto  or  inserted 
in  some  part  thereof ;  it  must  further  appear  on  the  oath  of  some 
one  of  said  witnesses,  or  some  credible  person,  that  such  will  was 
found  among  the  valuable  papers  and  effects  of  the  deceased  or  was 
lodged  in  the  hands  of  some  person  for  safe-keeping.  In  case  of  a 
nuncupative  will,  on  the  oath  of  at  least  two  credible  witnesses 
present  at  the  making  thereof,  who  state  that  they  were  specially 
required  to  bear  witness  thereto  by  the  testator  himself ;  it  must 
be  proved  also  that  such  nuncupative  will  was  made  in  the  testator's 
last  sickness  in  his  own  habitation,  or  where  he  had  been  previously 
resident  for  at  least  ten  days,  unless  he  died  on  a  journey  or  from 
home.  No  nuncupative  will  shall  be  proved  by  the  witnesses  after 
six  months  from  the  making  thereof,  unless  it  was  put  in  writing 
within  ten  days  from  such  making,  nor  shall  it  be  proved  until  a 
citation  has  been  opened  or  published,  made,  etc. 


272  HEADY   IIEFEIIENCE  MANUAL. 

Lkttkuh  01'  Admimstkation. — Letters  of  admiiiiHtratiou  iu 
case  of  iutostacy  shall  be  granted  to  tlio  persons  entitled  thereto 
and  ajjplying  for  the  same  in  the  following  order:  1st, — To  the 
husbiiud  or  widow,  except  as  hereinafter  provided.  2nd, — To  the 
next  of  kin  in  the  order  of  the  degree,  and  if  of  equal  degree,  to  one 
or  more  of  thein  at  the  discretion  of  the  court.  3rd, — To  the  niost 
competent  creditor  (if  any)  who  resides  within  the  State  and  proves 
his  debt  on  oath  before  clerk  of  Probate  Court.  4th, — To  any 
other  legally  competent  person. 

'  Persons  Disqualified  to  Act  as  ADMimsTUATons  :  minors,  alien, 
non-resident,  convict,  or  such  as  from  intemperate  or  other  habits 
adjudged  by  the  court  as  incompetent.  The  application  for  letters 
of  administration  must  show  the  value  and  nature  of  the  intestate's 
estate,  the  names  and  residences  of  all  parties  as  heirs  or  distri- 
butees of  the  estate,  if  known,  or  if  the  same  cannot  on  diligent  in- 
quiry be  procured,  which  of  said  parties  are  minors,  and 
whether  with  or  without  guardians,  and  the  names  and  residences 
of  sucli  guardians,  if  known.  Bonds  in  double  the  value  of  estate 
must  bo  furnished.  The  administrators  must  make  oath  or  affirm- 
ation for  faithful  discharge  of  office. 

Ohio. — The  testator  or  testatrix  must  be  of  full  age,  of  sound 
mind  and  memory,  under  no  undue  restraint,  and  must  own  the 
property  he  intends  to  bequeath  and  devise.  The  will  must  be 
signed  by  him  (or  her  as  the  case  may  be)  in  the  presence  of  two 
competent  and  disinterested  witnesses,  who  shall  sign  it  at  the 
maker's  request  and  in  each  other's  presence  and  the  presence  of  the 
maker. 

An  Alikn  or  Marrikd  Woman  has  all  rights  hereinbefore  pro- 
vided, only  that  the  latter  must  obtain  the  courtesy  of  her  husband 
in  writing  to  perform  the  same,  or  in  the  presence  of  the  witnesses 
to  her  will  admits  that  he  is  agreed  to  her  will  to  dispose  of  her 
separate  estate  as  she  thinks  lit,  regardless  of  any  right,  title  or  in- 
terest he  may  now  or  in  the  future  have  in  her  estate,  either  per- 
sonal or  real. 

Minors  of  either  Sicx  can  Make  a  Will  of  their  personalty, 
which  if  not  contested  within  one  year  after  their  death  will  suffice 
to  hold  good  in  e(]uity,  otherwise  males  must  be  twenty-one  and 
females  (except  married)  eighteen. 


WILLS.  273 

A  ^Ian  can  Disinherit  all  his  Childuen,  except  tboHe  imder 
tbo  full  ago  of  tweuty-one  years,  if  males,  auil  eighteen  if  females. 
He  cannot  exect  Lis  widow  from  dower.  Marncuje  does  not 
revoke  a  will  of  a  male,  but  does  of  a  female.  The  birth  of  a  child^ 
in  the  case  of  a  married  woman  or  man,  revokes  the  will  unless  a 
provision  is  stipulated  in  the  will  fur  the  unborn.  For  I'robate  and 
Adniinhtratioii,,  see  Michigan. 

Pennsylvania. — (Act  of  April  8,  1883.)  Every  I'erson  of 
sound  mind  (married  women  excepted)  may  dispose  by  will  of  his 
or  her  real  estate  whether  such  estate  be  held  in  fee  simple,  or  for 
the  life  or  lives  of  any  other  person  or  persons,  and  whether  in 
severalty,  joiut-teuaucy  or  common,  and  also  of  his  or  her  personal 
estate. 

(Act  of  April  8, 1883.)  Provided  the  testator  at  the  time  of  making 
the  same  was  of  age,  tweuty-one  years  or  upwards,  every  will  shall 
be  in  writing,  and  unless  the  person  making  the  same  shall  be  pre- 
vented by  the  extremity  of  his  last  sickness,  shall  be  signed  by  him 
at  the  end  thereof,  or  by  some  one  in  his  presence,  and  by  his  ex- 
press directions ;  and  in  all  cases  shall  be  proved  by  the  oaths  or 
affirmations  of  two  or  more  competent  witnesses,  otherwise  such 
will  shall  be  of  no  eflect.  If  the  subscribing  witness  be  dead,  or 
out  of  reach  of  process,  proof  of  their  handwriting  is  sufficient ; 
they  need  not  be  subscribing  witnesses. 

A  Makiued  Woman  may  dispose  of  her  property,  real  and  per- 
sonal, by  last  will  and  testament  in  writing,  signed  by  her  or  mani- 
fested by  her  mark  or  cross,  made  by  her  at  the  end  thereof,  in 
same  manner  as  if  she  were  unmarried.  Neither  of  the  witnesses 
to  a  married  woman's  will  shall  be  her  husband.  The  will  of  a 
single  woman  is  revoked  by  her  subsequent  marriage  and  is  not 
revived  by  the  death  of  her  husband.  If  a  man  make  a  will  and 
afterwards  marry,  and  die  leaving  a  widow,  so  far  as  regards  the 
widow,  he  dies  intestate ;  that  is,  his  will  is  revoked  jyro  tanfo.  If 
a  man  make  his  will,  and  have  an  after-born  child  or  children,  not 
provided  for  in  such  will,  and  die  leaving  such  after-born  child  or 
children,  so  far  as  regards  such  child  or  children,  he  dies  intestate, 
and  his  wHl  is  revoked  ^>;*o  tanto.  If  a  man  make  his  will  and 
marry,  and  die  leaving  a  widow  and  child,  not  provided  for  in  such 


271  HEADY   REFKltENCE   MANUAL. 

will,  liis  will  iH  not  revoked  absolutely,  as  at  common  law,  but  only 
j>ro  tuiito.  If  a  man  niake  his  will,  marry  and  die  leaving,'  a  widow, 
but  no  known  heirs  or  kindred,  it  is  clearly  revoked,  so  far  as  to  give 
his  widow   both  the  real  and  personal  estate  absolutely. 

Nuncupative  Wills. — Personal  estate  may  be  bequeathed  by  a 
nuncupative  will  made  under  the  following  restrictions:  (I)  Such 
will  shall  in  all  cases  be  made  during  the  last  sickness  (when  such 
extremity  of  last  sickness  precludes  a  written  one)  of  the  testator, 
and  in  th(3  house  of  his  habitation  or  dwelling  or  where  he  has 
resided  for  the  space  of  ten  days  or  more,  next  before  the  making 
of  such  will ;  except  where  such  person  shall  be  surprised  by  sick- 
ness, being  from  his  own  house,  and  shall  die  before  returning 
thereto.  (II.)  Where  the  sum  or  value  beipieathed  shall  exceed 
$100,  it  shall  be  proved  that  the  testator,  at  the  time-  of  pronounc- 
ing the  bequest,  did  bid  the  persons  present,  or  some  of  them,  to 
bear  witness  that  such  was  his  will  or  to  that  tfiect;  and  in  all  cases, 
the  foregoing  reijuisites  shall  be  proved  at  the  making  of  such  will, 
(it  is  necessary  to  the  validity  of  a  nuncupative  will  that  each  of  its 
reijuisites  be  clearly  proved  by  two  witnesses),  l^rovided,  that 
notwithstanding  this  act  any  mariner  being  at  sea,  or  any  soldier 
being  in  actual  service,  may  dis2)oso  of  his  movables,  wages  and 
personal  estate,  as  ho  might  have  done  before  the  making  of  this 
Act  (not   valid   by  a  soldier  at  home   on   a   furlough.) 

Tenancy  by  Courtesy. — An  estate  by  the  courtesy  is  the  estate 
to  which  a  man  is  by  law  entitled  upon  the  death  of  his  wife,  in  the 
lands  or  tenements  of  which  she  was  seized  during  the  marriage  in 
fee  simple,  or  in  fee  tail,  provided  he  had  issue  by  her  born  alive 
during  the  marriage,  and  capable  of  inheriting  her  estate,  in  this 
case  he  shall,  on  the  death  of  his  wife,  hold  the  lauds  for  his  life,  as 
tenant  by  the  courtesy  of  England,  but  in  Pennsylvania,  by  statute, 
birth  of  issue  is  not  necessary  to  the  husband's  right  as  tenant  by 
the  courtesy,  in  all  cases  where  the  issue,  if  any,  would  have  inherited. 
(Husbands  lOG.) 

(H.  p.,  131).) — Wife  dijlng  intestate,  without  chilJren,  or  the 
descendants  of  such  living,  husband  is  entitU  d  to  the  personal 
estate  absolutely;  if  she  leaves  a  child  or  children  living  her  per- 
sonal estate  shall  be  divided  among  her  husband  and  such  child 
or  children  share  and  share  alike.     The  descendants  of  a  dead  child 


WILLS.  275 

shall  be  ciititlocl  to  their  pnreuts'  shiiio,  ami  if  real  estate  the 
luisbaud  ib  entitled  to  the  whole  of  it  for  life  as  tcuant  by  the  cour- 
tesy. If  husbaud  elects  not  to  take  uuder  her  will,  he  has  oue- 
tliird  of  the  personalty  absolutely  and  one-third  of  the  realty  for 
life,  where  there  is  issue,  and  to  one-half  the  personalty  absolutely 
and  one  half  the  realty  for  life,  where  there  is  no  issue,  or  in  eitlnsr 
case,  instead  of  these,  to  the  whole  of  the  real  oBtato  for  life,  as 
tcuant  by  the  courtesy. 

Illegitimate  ('hild  oit  Children. — In  any  and  every  case  where 
the  father  and  mother  of  an  illegitimate  child  ur  children  shall  enter 
into  bonds  of  lawful  wedlock  and  cohabit,  such  child  or  children 
shall  thereby  become  legitimated,  and  enjoy  all  the  rights  and  privi- 
leges as  if  they  had  been  boru  during  the  wedlock  of  their  parents. 
(Act  of  May  1857.) 

Widow  Entitled  to  one  thiiu)  Part  of  real  estate  for  life  and 
one-lhird  part  of  personal  estate  absolutely,  where  there  is  issue, 
otherwise  to  one-half  jjart  of  real  estate  for  the  term  of  her  life,  and 
to  oue-holf  part  of  the  personal  estate  absolutely.  '"Where  the 
husband  dies  testate  the  wife  can  elect  to  take  under  the  intestate 
laws  as  above  and  not  take  under  the  will,  if  it  has  not  made  as 
ample  provision  for  her,  in  lieu  of  what  the  intestate  law  provides. 

Rhode  Island. — Every  person  of  saue  miuJ,  of  the  full  age 
II,  21  years,  may  make  a  will  to  pass  real  property;  which  shall 
be  in  writing  and  signed  by  the  maker  or  by  some  jjcrsou  in  his 
presence  and  by  his  express  direction,  and  shall  be  attested 
and  subscribed  in  the  presence  of  the  maker  by  two  or  more  wit- 
nesses, or  else  shall  be  utterly  void  and  of  no  effect.  All  persons  of 
the  age  of  eighteen  years  of  sound  mind  can  in  a  like  manner  make 
will  of  all  his  or  her  goods,  chattels  and  other  personal  estate  of 
every  kind  in  the  same  manner  as  required  to  pass  real  estate. 

A  Testator  oa  Testatrix  is  not  compelled  by  law  to  devise  or 
bequeath  to  all  or  to  anyone  of  his  or  her  children,  only  as  they  vol- 
untarily see  lit,  any  part  of  their  estate. 

A  AViDuw  Cannot  however  be  deprived  of  her  dower,  only  by 
substitution,  otherwise  by  devise  or  bequest,  and  then  only  at  her 
privity. 

All  Estate  real  and  personal  not  devised  or  bequeathed  in  the 


270  llEAUY   KEl'EUENCE   MANUAL. 

lust  will  iind  tostament  of  any  ^JeiHOu,  hIuUI    be  iliHtributetl  iu  t\w 
Hiiiue  maiiiior  us  if  Huch  persou  died  iutestute. 

MAitHiAdK  rovokoH  a  will.  7'Ae  birth  of  a  poHthumoiiH  child  voids 
a  will  Hi)  fur  aa  tho  proportion  of  its  part  can  bo  in  equal  shares  sub- 
tracted from  the  devises  of  and  becpiests  to  other  legatees. 

PuoiiATE  PuocEEDiNGS. — See  Sec3. 134:2,  1343, 1354, 1355  and  135(i 
of  Washington  Territory.  Adinhiislration. — See  Michigan,  only 
that  adiuiuisti'ators  must  bo  of  the  full  age  of  21  years. 

Tennessee. — Wii.i.s  oi-  Land  must  be  Skined  jsy  Testatou,  or 
by  his  direction,  and  attested  by  at  least  two  witneasey,  at  his  re- 
quest, and  who  are  not  interested  under  the  will. 

HoLoGiJAi'ii  Wills. — If  found  among  t'^stator's  valuable  papers, 
after  his  death,  all  in  his  handwriting,  and  by  him  signed  or  his 
name  or  signature  appearing  thereon,  or  in  possession  of  some  one 
for  safe  keeping  ;  if  shown  by  throe  disinterested  witneasea  that  it 
is  in  the  handwriting  of  testator,  and  that  the  name  and  all  parts  of 
it  ia  in  testator's  handwriting,  it  is  suUicient  to  pass  lands  as  wellas 
personalty. 

To  PASS  Personal  Proi'ehtv,  it  need  n(jt  bo  attested,  the  signa 
tare  of  the  testator  being  sufficient. 

Nuncupative  Wills  may,  as  to  personalty,  under  the   circum 
slancoa  of   a  sailor  or  soldier  in  actual  service,  (n-  a  person  in  his 
last  sickness,  where  it  is  not  pra(!ticable  to  make  a  wiitten  one,  be 
established. 

MAiuiiED  Women  may  dispose  of  their  lands  by  will,  but,  not  so 
far  as  to  defeat  their  husbimd's  tenancy  by  courtesy. 

Aliens. — As  regards  capacity  of  aliens  to  take,  hold  and  dispose 
of  lands  or  personalty  by  purchase,  conveyance,  will  or  descent, 
they  stand  the  same  as  citizens.  Escheats  of  aliens'  property 
abolished  by  Act  of  February  11,  1875.    M.  and  V.  Code,  Sec.  2804. 

Descent  ano  Distuibution. —  A  testator  dying  intestate,  his 
children  take  share  and  share  alike  (providing  any  child  is  dead  and 
was  married  and  had  issue,  his  children  then  takes  his  portion)  with 
the  mother's  dower  or  life  interest,  or  the  father's  courte.sy. 

A  CuiLi)  OF  CoLou  cannot  inherit  the  estate  of  its  mother's  hus- 
band uulesa  the  mother  or  husband  was  a  person  of  color. 


WILLS.  277 

A  PoSTiiUMors  Child  of  a  testator  born  within  ton  caloiular 
months  after  his  death,  not  provided  for  in  will,  takes  by  descent 
Huch  shai'e  of  his  estate  as  woahlhavo  fallen  to  it  in  case  of  intestacy. 

If  the  Intestate  died  without  issue  or  heirs  by  kin,  it  shall  bo 
iiiheritfidin  fee  by  the  husband  or  the  widow  surviving.  (Sec.  3272, 
Ten.  Code.) 

Wken  a  Woman  Dies  Intestate,  having  a  natuial  born  child  or 
children,  whether  she  also  leave  legitimate  child  or  childn'ii,  all  of 
such  natural  born  children  or  child  by  the  rules  of  descent,  inherit 
her  estate  or  an  equal  distribution  of  the  same.  (Code,  M273.) 

A  Widow  takes  one-half  of  heb  Huhbani/s  estate  if  he  dies  in- 
testate in  fee,  if  they  had  no  living  issue,  one-third  in  tenancy  com- 
mon for  life  of  real,  and  one-half  fee  of  personalty  if  issue. 

South  Carolina. — Any  person  having  riglit  or  title  to  any 
liuids,  tciicnicnts  or  hi'rcditanii'nts  (persons  of  unsouiul  mind  and 
minors  excepted)  may  dispose  thereof  by  will,  in  writing  at  pleas- 
ure. 

Aces  of  Ma.iouitv. — Males  and  females  twenty-one  years. 

All  Wills  must  be  in  Writing,  signed  by  the  testator  or  tes- 
tatrix (as  the  case  may  be)  or  by  some  one  in  the  presence  of  the 
maker  and  by  his  or  her  express  request,  and  shall  be  witnessed  by 
three  or  more  credible  witnesses  in  the  presence  of  eacli  other  and 
by  the  request  of  the  maker,  otherwise  tlie  will  shall  be  mill  and 
void  and  of  no  effect. 

Nuncupative  Wills  arc  good,  that  are  proved  by  oath  of  three 
witnesses,  who  were  present  when  made — must  be  made  in  last 
sickness — no  testamentary  eviileiice  can  be  admitted  to  jirove  such 
a  will  if  six  months  shall  have  elapsed  after  sjjeakiiig  the  testament- 
ary words,  except  such  testimony  was  reduced  to  writing  six  days 
after  the  making  of  the  will,  then  twelve  months  is  allowed  by  the 
Act. 

A  Testator  Can  Disiniiekit  every  one  of  his  children  or  any 
one  of  tliem  if  he  elects  to  do  so  ;  they  need  not  be  mentioned  in 
the  will  either. 

He  Cannot  Deprive  his  Widow  from  Dower,  unless  the 
widow,  or  if   before   his  decease,  his  wife,  renounces  her  claim  to 


278  READY  REFERENCE   MANUAL. 

(lower  ill  his  estate  before  an  official  notary,  and  a  certificate  given 
by  the  notary  with  her  renunciation  and  embodying  the  stipulation 
tliat  it  was  voluntary  and  of  her  own  free  will. 

Widow  Takes  one-half  if  testator  dies  intestate  and  having 
no  issue;  if  intestate  and  having  issue  one-third. 

A  WiTNKss  CAN  be  a  legatee  under  the  statute,  without  voiding 
ii  will. 

Marriage  and  the  birth  of  a  child  revokes  a  will;  marriage 
without  issue,  will  only  revoke  it  so  far  as  the  wife's  part  affects  it. 

Children  Boun  Outside  ov  Wedlock  have  no  legal  status  as 
heirs  against  or  jointly  with  legitimate  born  heirs. 

Texas. — The  Right  to  Dispose  of  Property,  Real  or  Per- 
sonal of  every  kind,  by  will, prevails.  The  testator  must  b  .•  twenty- 
one  years  of  age  or  upwards,  and  of  sound  mind;  must  be  signed 
by  the  testator,  or  by  some  other  person  in  his  or  her  presence,  and 
by  such  maker's  direction.  If  not  wholly  written  by  the  testator, 
as  hereinafter  stipulated,  by  holographic  privity.  Every  will  must 
be  witnessed  by  two  or  more  credible  witnesses,  above  the  age  of 
fourteen  years,  and  having  no  interest  in  the  estate,  subscribing 
their  names  in  his  presence  and  the  presence  of  each  other. 

Holograph  Wills  are  admissible  and  good  if  wholly 
written  in  the  handwriting  of  the  testator  or  testatrix,  all  that  is  re- 
quired is  that  the  signature  of  the  maker  must  be  uj)on  the  instru- 
ment, and  that  the  same  can  be  established  by  at  least  two  witnesses 
that  will  verify  under  oath  or  affirmation  that  the  same  is  wholly  in 
the  handwriting  of  the  testator  and  that  his  signature  is  well-known 
to  them,  which  is  upon  some  part  thereon. 

NuxVcuPATivE  Wills  are  recognized  in  this  State,  to  be 
proven  by  three  witnesses,  that  the  testator  called  on  some  person 
to  take  notice  of  the  same;  not  proven  after  six  months  unless  the 
testimony,  or  the  substance  thereof,  shall  have  been  committed  to 
writing  within  six  days  after  the  speaking  of  such  by  the  deceased. 

Aliens  can  make  wills  in  like  manner  as  citizens. 

Married  Women  can  dispose  of  their  separate  property  by  will 
independent  of  their  husband. 


WILLS.  279 

FoRKiGx  Wills  probated  inanothor  State  or  country,  are  privi- 
leged to  he  admitted  by  properly  authenticated  transcripts  from 
such  foreign  oflice,  and  filed  in  the  county  within  the  State  where 
the  property  lies. 

A  TESTATon  Cannot  deprive  liis  widow  of  her  interest  provided 
by  statute,  but  ho  may  ignore  every  child  or  other  heir. 

Wills  Si-eak  from  the  death  of  the  maker  uidess  comprehen- 
sive of  other  meanii\g  set  out  in  the  instrument. 

MAnniACE  or  the  birth  of  a  posthumous  chihl  revokes  a  will 
insomuch  as  the  portion  by  share  at  law  of  all  personal  or  real 
property  is  concerned,  tliat  intestacy  would  bestow  ni)on  such 
widow  or  child. 

An  Illegitimate  child  claims  co-jointly  with  other  heirs  of  his 
mother's  separate  property,  in  cases  of  intestacy,  but  has  no  claim 
of  the  father,  if  born  of  another  mother  besides   his  lawful  wife. 

Community  property  if  in  real  estate  can  be  by  joint  will  of 
both  disposed  of.  'J'he  survivor  oidy  being  a  teiuant  at  will  during 
their  natural  life. 

Vermont. — Evkrv  Person  of  Sound  Mind  can  Dispose  of 
their  property,reaI  or  personal,  by  a  will  in  writing,  and  executed  in 
the  jiresence  of  three  witnesses,  who  subscribe  the  same  in  testator's 
presence,  and  in  the  presence  of  cacli  other. 

Nuncupative  Wili-s  can  be  made  to  i)ass  i)ersonalty  not 
exceeding  i!?200  in  value.  The  befpiost  must  be  made  in  the  i)res- 
ence  of  three  witnesses,  and  in  the  last  sickness  of  the  testator  (or 
in  cases  of  a  soldier  in  actual  service  nv  a  sailor  at  sea,)  and  in  his 
own  habitation  or  under  otiu^r  snrprisnig  circumstances;  it  must  be 
reduced  to  writing  within  siv  da\'s  after  being  e.vjjressed  and 
witnessed  by  at  least  one  of  the  three  presei\t,  and  tiled  for  probate 
within  six  months. 

IIoLouRAPUic  Wills  are  not  admissible. 

Witnesses  Cannot  he  Legateks  unless  there  are  three  inde- 
l>endent  of  the  one  or  more  being  legatees;  if  however  the  wit- 
nesses are  legatees,  such  bequest  or  devise  is  void  as  to  the  witness, 
but  does  not  void  the  rest  of  the  instrument. 


280  BEADY  REFERENCE  MANUAL. 

A  Widow  Cannot  be  cut  out  of  her  Doweu;  slie  can  waive 
her  claim  to  a  devise  in  her  husband's  will,  and  elect  to  .accept  what 
the  statute  provides  instead. 

The  liiurn  of  a  Posthumous  Chii,I)  will  revoke  a  testament 
unless  the  contini^'cncy  is  provided  for  in  the  will,  so  far  rts  sueh 
child's  i)()rti()n  of  the  estate  is  concerned,  but  the  will  otherwise 
will  be  valid. 

A  Widow  'J'akes  of  IIer  Husband's  intestate  estate  property 
to  the  value  of  $2000  in  fee;  one-half  of  the  residue  during  her 
life,  if  he  had  no  living  issue  born  of  her;  or  in  case  he  has  no 
heirs  or  next  of  kin,  she  takes  the  whole  in  fee.  If  he  dies  intes- 
tate with  issue,  his  estate  would  be  divided  share  and  share  alike 
between  his  children,  less  the  homestead  to  the  value  of  $500  and 
the  dower  interest  of  his  widow  and  one-third  of  the  personal 
property;  these  exceptions  the  widow  holds  by  law. 

Mahuied  Women  can  make  disposition  of  thoir  separate  estate 
by  will  without  their  husband's  consent. 

Aliens  possess  all  the  privileges  of  citizen.?. 

Foueign  Wills  can  pass  property  within  the  State  by  a  duly 
authenticated  copy  being  filed  in  the  county  wlierein  the  property 
is  situate. 

Minors  (males  under  twenty-one  and  females  eighteen)  cannot 
pass  any  jtropcrty  real  or  personal  by  will. 

Will  Must  be  Filed  for  Probate  within  thirty  days  after 
the  testator's  demise. 

Virginia. — Wills  must  be  in  writing  and  signed  by  testator, 
or  by  some  other  person  in  his  presence,  and  by  liis  direction,  in 
such  manner  as  to  make  it  manifest  that  the  name  is  intended  as  a 
signature;  and,  moreover,  uidess  the  will  be  wholly  written  by  the 
testator,  the  signature  must  be  made  or  the  will  acknowledged  by 
him,  in  the  presence  of  at  least  two  competent  witnesses,  present 
at  the  same  time,  and  such  witnesses  must  subscribe  the  will  in  the 
presence  of  the  testator,  but  no  form  of  attestation  shall  be  neces- 
sary. 

A  Codicil  must  be  made  in  the  same  manner.  Will  must  be 
proved  ijnd  admitted  to  record  in  the  circuit  county,  or  Corporation 


WILLS.  '281 

Court  of  the  county  or  corporation  where  the  testator  resides,  or  if 
he  had  no  ))hice  of  residence,  tlien  in  the  county  or  corporation 
wherein  he  had  any  real  estate,  or  if  no  real  estate,  tlicn  tlie  county 
or  corporation  wherein  he  died  or  liad  any  personal  estate. 

A  WllJ,  SlIALI,     HE  CONSTIU'EO    WITH  ReI'EKENCE  TO    TIIrUkAI, 

AND  personal  estate  comprised  in  it,  to  speak  and  take  effvct  as  if 
it  had  been  executed  immediately  before  the  death  of  testator. 

Foreign  Wiij,s. — Where  a  will  relative  to  estate  within  this 
State  has  been  proved  without  the  same,  an  authenticated  copy 
thereof  and  the  certificate  of  probate  thereof,  may  be  offered  for 
probate  in  this  State.  The  court  to  which  it  is  offered  shall 
presume,  in  the  absence  of  evidence  to  the  contrary,  that  the  will 
was  duly  executed  and  adn\itted  to  probate  as  a  will  of  personalty 
in  the  State  or  country  of  the  testator's  domicile,  and  shall  admit 
such  copy  to  probate  as  a  will  of  personalty  in  this  State;  and  if  it 
a[)pear8,  from  such  a  coj)y  that  the  will  was  jiroved  in  the  forcii^n 
court  of  probate  to  have  been  so  executed  as  to  be  a  valid  will  of 
lands  in  this  State,  by  the  law  thereof,  such  copy  may  be  admitted 
to  probate  as  a  will  of  real  estate. 

West  Virginia. — Uni.kss  a  lIoi.ocnApn  Wiu,,  it  must  be 
acknowledged  by  the  maker  in  the  presence  of  at  least  two  competent 
witnesses,  present  at  the  same  time,  who  must  subscribe  the  will  in 
the  presence  of  the  testator  or  testatrix,  and  of  each  other.  No 
form  of  attestation  is  necessary.  Any  interest  in  real  estate  to  which 
a  testator  or  testatrix  over  age,  and  of  sound  miiul,  ma}'  be  entitled 
at  death  (even  though  not  in  possession  or  entitled  to  it  at  time  of 
making  the  will)  may  be  disposed  of  by  will. 

A  MixoR  oi'  THK  Firr.r,  Aok  ok  EKwrrKEN  years,  n»ay  dis)»ose 
of  personal  i)roperty  by  will. 

NoN-KKSiKENTs'  Wir.t.s. — A  wiU  of  a  person  domiciled  out  of 
this  State,  executed  according  to  the  laws  of  the  State  of  his 
domicile,  will  be  valid  as  to  personal  property  in  this  State,  but 
not  as  to  realty  in  this  State,  unless  it  complies  with  the  laws  of 
this  State.  A  will  admitted  to  probate  in  another  State,  may  be  .ad- 
mitted here  by  a  duly  authenticated  copy  and  certificate  of  probate. 

If  a  Man  or  Woman  RIarriep  die  ijitestate,  the  surviving  one, 

18 


282  READY  REFERENCE   MANUAL. 

if  they  liave   living  issiu',  takes  one-third  of  all  personal    property 
and  the  residue  goes  to  the  issue  share  and  share  alike. 

If  the  Intestate  Leave  a  Husband  or  Wife  and  no  issue,  such 
husband  or  wife  takes  the  whole  of  such  personal  property. 

Bastards  Inuerit  and  Transmit  inheritance  on  the  part  of  the 
mother  as  if  lawfully  begotten. 

Wyoming  Territory.  Any  Person  of  Full  Age  and  of  Sound 
Mind  ni.ay  dispose  of  their  property  real  or  personal  by  last  will  and 
testament.  All  wills  must  be  in  writing,  and  witnessed  by  two 
competent  witnesses,  and  signed  by  the  testator  or  testatrix,  or  caused 
to  be  signed  by  the  maker  and  in  his  or  her  presence.  'J'he  testator 
or  testatrix  may  name  in  his  will  an  executor  or  executors,  provided 
that  such  shall  be  residents  and  citizens  of  the  United  States.  But 
whenever  .an  executor  thus  n.amed  is  not  a  resident  of  the  Territory, 
the  Probate  Judge  shall  require  such  executor  to  designaU'  some  res- 
ident of  the  Territory  as  agent  or  attorney  upon  whom  any  such  re- 
quired notice  of  Probate  Court  may  be  served.  If  no  executor  is 
named  in  a  will,  or  if  the  executor  fail  to  act,  the  Probate  Judge  shall 
appoint  an  executdr  to  carry  the  will  into  effect;  if  .any  person  ap- 
pointed is  disqualified  from  acting,  the  I'robate  Judge  shall  appoint 
an  executor  until  such  disqualification  is  removed. 

Any  Person  Having  Custody  of  a  Will  shall,  on  informa- 
tion of  the  death  of  the  testator,  immediately  file  the  same  with  the 
Prol»ate  Judge,  who  shall  open  and  read  the  same. 

The  Prohate  Judge  shall  Give  Notice  of  the  time  and  place 
fixed  for  the  proving  of  the  same,  by  publishuig  a  notice  in  a  djiily 
or  Aveekly  paper  published  within  the  county  where  the  will  is  filed, 
and  the  last  ])ublication  must  be  at  least  ten  days  before  the  time 
fixed  for  the  proving  of  said  will.  Wills  when  proved  .and  allowed 
shall  have  the  certificate  of  the  Probate  Judge  and  seal  of  the  Pro- 
b.ate  oflice  annexed  thereto,  and  every  will  so  certified,  its  record  or 
transcript,  may  be  read  in  evidence  in  all  Courts,  By  law  the  ex- 
ecutors are  entitled  to  the  following  commissions  on  property  sold: 
For  the  first  $1000,  5  per  cent;  for  the  overplus  between  *  1000  and 
15000,  2^  per  cent  thereon;  for  any  amount  over  $5000,  1  per  cent 
thereon. 


WILLS.  283 

Wills  Probated  is  any  other  State  or  Territory,  uj)on 
proper  authentication,  may  be  adinitterl  to  probate  in  tliis  Territory. 

AI,IEN^;. — The  Statutes  of  the  Territory  are  silent  upon  the 
subject  of  tlie  power  of  aliens  to  hold  or  transmit  real  estate,  with 
the  excejttion  of  the  following:  "  The  alienage  of  the  descendants 
shall  not  invalidate  any  title  to  real  estate  which  shall  descend  from 
him  to  her." 

Wisconsin. — Every  Person  of  Full  Age  and  married  women 
of  the  age  of  eighteen  years  and  upwards,  being  of  sound  mind, 
may  dispose  of  their  property  by  last  will  and  testament.  >Vills 
may  be  executed  in  writing,  signed  by  the  testator  or  some  person 
in  his  presence  and  by  his  express  direction,  and  attested  and  sub- 
scribed in  the  presence  of  the  testator  by  two  competent  witnesses. 

Nuncupative  Wills,  when  the  estate  exceeds  $150,  must  be 
made  in  the  presence  of  three  credible  witnesses,  who  must  state 
that  they  were  specially  requested  to  bear  witness  thereto.  It  must 
have  been  made  in  the  testator's  last  sickness,  in  his  own  habitation 
or  where  he  has  ])reviously  resided  for  the  space  of  ten  days,  unless 
he  was  unexpectedly  taken  sick  being  from  home  and  died  before 
he  returned  to  his  last  habitation.  It  shall  not  be  proved  after  six 
months,  imless  the  said  words  be  reduced  to  writing  within  six  days 
after  they  were  spoken  by  the  deceased. 

When  a  Foreign  Will  shall  have  been  duly  proved  and  al- 
lowed in  the  proper  court  of  any  otlier  of  the  United  States,  a  coj)y 
thereof  duly  certified  may  be  recorded  in  the  office  of  the  Registrar 
of  Deeds  in  which  any  lands  therein  described  are  situated,  and  when 
so  recorded  shall  be  valid  and  effectual  to  pass  the  title. 

MAnuiEi)  Women  when  eighteen  years  and  upwards  can  make 
wills  of  their  8e))arate  estate  by  their  own  free  privity. 

Testator  can  Disinherit  all  or  anyone  of  his  children. 

If  TiiK  Language  is  comprehensive  enough  it  Avill  include  all 
the  property  of  the  maker  seized  of  at  his  demise,  but  in  case  it 
does  not,  the  residue  of  the  estate  may  be  treated  as  in  intestacy. 

The  IVIarriage  of  either  does  not  absolutely  revoke  a  will,  only 
so  far  as  the  contingent  interest  by  cf)urtesy  or  dower  by  statute 
would  affect  the  instrument. 


284  READY   REFERENCE  MANUAL. 

Aliens  can  by  will  dispose  of  their  real  and  personal  property 
in  like  manner  as  citizens. 

Inticstatk  Estates. — No  jijuardian  need  appear  for  infant  until 
after  administration  is  granted,  and  then  only  on  sale  of  realty  or 
hearing  of  final  account  and  assignment  of  estate  to  those  entitled 
thereto. 

Washington  Territory.— Sec.  iniR:  Every  person  who 
Khali  have  attained  the  age  of  majority,  of  sound  mind,  may  by  last 
will  devise  all  his  or  her  estate,  real  and  personal. 

Sec.  1319:  Every  will  shall  be  in  writing,  signed  by  the  tes- 
tator or  testatri.x,  or  by  some  person  under  his  or  her  directions  in 
his  presence,  and  shall  be  attested  by  two  or  more  competent  wit- 
nesses, subscribing  their  names  to  the  will  in  the  presence  of  the 
testator. 

Sec.  1.T20:  Every  person  who  shall  sign  the  testator's  or  testa- 
tri.v's  name  to  .any  will  by  his  or  her  directions,  shall  subscribe  his 
own  name  .as  a  witn«'ss  thereto  and  state  that  he  subscribed  the 
testator's  or  testatri.v's  name  at  his  or  her  re^juest. 

Skc.  1.325:  If  any  person  m.ake  his  last  will  and  die,  leaving  a 
child  or  children,  or  descendtints  of  such  child  or  children  (in  case 
of  their  death)  not  n.amed  ov  provided  for  in  such,  will,  although 
born  after  making  such  will  or  the  death  of  the  testator,  every  such 
testator  so  far  as  he  shall  regard  such  child  or  chiUtren  or  their  de- 
scendants not  provided  for,  shall  be  deemed  to  die  intestate,  .and 
such  child  or  children  or  their  descendants  sh.all  be  entitled  to  such 
proportion  of  tlie  estate  of  the  testator,  real  and  personal,  as  if  he 
had  died  intest.ate,  and  the  s.amc  shall  be  assigned  to  them  and  all 
other  heirs,  devisees  and  legatees  shall  refund  their  proportional 
part.  Sec.  2;i6;i:  Th.at  males  shall  be  deemed  and  taken  to  be  full 
.age  for  all  purposes  at  the  .age  of  twenty-one  years  and  upwards; 
fenjales  shall  be  deemed  and  taken  to  be  of  full  .age  at  the  age  of 
eighteen  years  and  upwards. 

Sec.  1304:  A  female  married  to  a  person  of  full  age,  sluill 
be  deemed  and  t.aken  to  be  of  full  .age. 

The  widow  takes  a  child's  part  on  death  of  her  husband  intes- 
tate.    Husband  cannot   however  deprive  lier  of  her  dower  by  any 


WILLS,  285 

proviHion  in  the  will,  but  he  can  devise  to  her  in  lieu  of  dower  bc- 
(lUestB,  and  if  accepted  by  her  within  one  year  after  Iuh  decease,  it 
so  remains.  Ilutsband  takes  a  child'H  part  in  case  his  wife  dies  in- 
testate and  witli  issue,  but  witliout  issue  lie  is  not  entitled  to  any- 
thing. 

I'rohatk  Pkoceedinos.  Skc.  134-2:  Any  jierson  having  (he 
(!Ustody  of  any  will  shall  within  thirty  days  after  he  shall  have 
knowledge  of  the  death  of  the  testator,  ileliver  said  will  unt<»  the 
I 'rol)ate  Court  which  has  jurisdiction;  or  to  the  person  named  in 
the  said  will  as  executor. 

Shx!.  1.34.'{:  Any  person  named  as  executor  in  any  will  shall 
within  thirty  days  after  he  lias  knowledge  that  he  is  executor  present 
the  will,  if  in  his  possession,  to  the  Probate  Court  which  has  juris- 
diction. 

Sec.  1344;  An  executor  named  in  the  will  may  decline  to 
act  by  filing  a  written  renunciation  at  the  time  of  filing  said  will; 
but  if  he  intends  to  accept,  he  shall  present  with  will  a  petition 
praying  that  the  will  be;  admitted  to  probate  and  that  letters  tes- 
lanjentary  be  issued  to  him. 

Sec.  1350:  When  any  will  is  exliibited  to  be  proven,  the' 
court  may  immediately  receive  the  j>roof  and  grant  a  certilicate  of 
of  proL  vte  or  if  such  will  be  rejected  issue  a  certificate  of  rejection. 

Skc.  1354:  If  it  shall  ai)pear  to  the  satisfaction  of  the  court 
that  all  the  subscribing  witnesses  are  dead,  insane  or  their  residence 
unknown,  the  court  shall  take  and  receive  such  proof  of  the  hand- 
writing of  the  testator  and  subscribing  witnesses  to  the  will,  and 
such  other  circumstances,  as  would  be  sufficient  to  prove  such  will. 

Sec.  1355:  All  testimony  adduced  in  support  of  the  will  shall 
be  reduced  to  writing,  signed  by  the  witnesses  and  certified  by  the 
.Judge  of  the  Probate  Court. 

Sec.  1356:  All  wills  shall  be  recorded  in  a  book  ke}it  for  that 
purpose,  within  thirty  days  after  probate  and  the  originals  shall  be 
carefully  filed. 

AuMiNisTKATiON  OK  Intestate  Estates. — After  filing  inven- 
tory ;  notice  to  creditors,  in  some  cases  family  allowance  ;  petition 
and  sale  of  real  estate  (real  estate  sold  at  public  auction) ;  petition 


286  READY   REFERENCE   MANUAL. 

and  final  account  and  order  of  diacliarge  and  diHtribution  of  all  prop- 
erty takes  place. 

DOMINION  OF  CANADA. 

Province  of  Ontario. — Every  person  of  tlie  full  a<fe  of 
twenty-one  years  can  make  a  will  if  not  rendered  iin-apalde  l»y 
insanity,  or  niin<jrity  in  eitlier  sex.  All  wIIIh  (except  soldiers'  and 
sailors')  wiust  be  in  writing,  and  have  two  competent  witnesses.  A 
will  speaks  from  death  of  the  testator  and  includes  after-ac<iuired 
property.  An  alien  is  under  no  disability,  if  otherwise  competent, 
to  make  a  will.  Witnesses  need  not  be  credible  under  the  law. 
Publication  of  will  at  decease  of  testator  in  presence  of  next  of  kin, 
is  not  now  the  law  or  custom.  A  becjuest  or  a  devise  to  a  witness 
or  executor,  does  not  invalidate  the  instrument;  but  the  becpiest  or 
devise  cainiot  be  enforceil  if  contested.  Marriage  revokes  all  wills. 
The  birtli  of  a  child  or  other  changes  m  the  circumstances  of  the 
testator  or  testatrix  does  not  revoke  tlie  will.  A  holograph  will  is 
not  valid.  The  inollicious  will  of  the  Romans  is  not  practi(!ed. 
Every  child  can  be  disinherited.  No  will  can  deprive  debtors  from 
the  maker's  estate,  or  if  a  man  Iiis  wife  from  her  dower  of  one-third, 
but  similar  to  the  laws  of  Indiana,  in  cases  of  intestacy.  A  will 
need  not  necessarily  be  dated.  All  wills  must  be  filed  for  probate 
within  one  year  after  the  death  of  tlie  maker. 

Province  of  New  Brunswick. — No  will  shall  be  valid 

unless  in  writing  and  signed  by  testator  or  by  some  other  person  at 
testator's  direction,  in  his  presence  and  the  seal  thereof  and  his 
mark  attested  in  presence  of  two  witnesses  present  at  the  same  time, 
and  who  will  in  the  presence  of  the  testator  and  in  the  presence  of 
each  other  subscribe  their  names  as  witnesses  thereto  (See  Con. 
Stat,  of  N.  15.,  Cap.  77,  Sec  5.)  No  person  under  the  age  of  twenty- 
one  years  can  make  a  will.  Aliens  liave  the  same  privileges  as 
every  other  person.  A  married  woman  separated  from  her  husband 
by  abandonment,  and  living  separately,  wilfu'ly  and  of  her  own 
accord  either,  has  the  power  to  make  a  will  as  a  feme  sole  (Con. 
Stat.  N.  B.,  Cap.  77,  Sec.  29.)  Any  married  woman  with  the  con- 
sent of  her  husband,  can  make  a  will  as  hereinbefore  provided  as 
to  execution,  but  her  husband  must  express  either  in  the  presence 
of  the  witnes-es  to  her  will  or  in  writing  that  he  grants  his  courteBy 


wiLi-H.  287 

to  Jut.  N(»  .'iHNLMit  of  the  IiuhIkiikI  Hhiill  lie  rovokod  exet'pt  in  tho 
lifctirue  and  with  tlie  conHont,  in  writiii;^,  of  the  wife,  t'Xt'cuti'd  in 
:i  like  manniT,  but  the  wife  may  at  any  time  revoke  or  destroy  the 
name  if  who  tliinkH  ri^^ht.  All  property  means  possessed  at  time 
<»f  death.  Every  lieir  or  next  (tf  kin  need  not  be  mentioned,  bad 
boys  or  girls  need  not  get  a  Hhilling.  Adniiniatrdtion. — Executors 
must  present  a  petition  to  the  (bounty  Judge,  setting  forth  the 
name  of  the  widow  (if  any)  of  all  the  children  (if  any)  of  tho 
testator,  and  ad<litions  and  placet*  of  residence  respectively,  and  in 
case  there  are  no  children,  then  the  names  an<l  additions  of  all 
nearest  of  kin  in  e(p«a!  degree,  and  their  rejiresentatives  with  their 
several  places  of  business  or  residence,  and  in  case  any  of  them 
are  married  women  or  infants,  the  names  and  atlditions  of  the 
husbands  or  guardians  of  such  infants  (if  any)  shall  also  be  stated 
with  their  place  of  residence.  Provided  that  in  case  any  of  tl»e 
above  particulars  are  sworn  to  be  unknown  to  the  petitioner,  and 
the  surrogate  to  whom  the  petition  shall  have  been  presented  shall 
deem  it  unnecessary  under  the  circumstances  of  the  case,  that  tlie 
same  should  be  stated,  such  particulars  may  be  omitted  (Earl's  rules 
25;f.)  The  petition  is  presented  to  the  judge  who  hears  the  evidence 
of  the  executors  of  the  will,  and  makes  his  order  thereon  instructing 
tlie  registrar  to  make  out  the  letters  of  probation.  In  case  of  admin- 
istration the  order  is  to  make  out  the  letters  on  the  filing  of  a  bond 
in  the  penal  sum  of  double  the  amount  of  the  estate;  to  file  an  in- 
ventory of  the  same  within  three  months  and  take  an  oath  to  faith- 
fully administer,  and  to  mak*-  a  <'orrect  account  within  eighteen 
months.  The  petition  in  the  i)robating  of  wills  and  administration 
should  in  both  cases  state  the  gross  amount  of  real  estate  which 
testator  or  deceased  was  possessed  of  at  time  of  his  death.  In  case 
of  a  contest  over  the  probate  of  a  will  or  the  issuing  of  letters  of 
administration,  the  person  so  contesting  in  either  case  should  im- 
mediately file  a  "caveat"  with  the  registrar  of  the  court,  and  when 
the  petition  is  presented  the  court  or<lers  citation  to  issue,  calling 
upon  all  parties  intereste<{  in  tin-  name  of  the  estate  to  attend  at 
the  court  on  the  day  and  place  mentioned  in  citation.  The  order 
for  citation  also  directs  the  service  and  publication  of  the  citation, 
and  it  is  the  petitioner's  duty  to  attend  to  the  execution  of  this 
order.     The   citation   is   always   published  (or  in  case  of  j>er8onal 


288  HKADY   RF.FEHENnE  MANUAL. 

HtTvici'  hctvimI)  at  It'iiHt  thirty  <liiyH  Itofon- n'turii  day;  uikI  tin- return 
(lay,  all  c'(iiitfii<iiii<j^  ]iarticH  are  in  cuiirt,  when  tlic  allf^atioiiH  an<l 
lilcatliiij^s  an-  oral  exci'pt  in  casos  of  importance,  jinlj^c  may  rf<|nire 
tlicm  to  lu'  in  writing;,  'riicrc  is  an  appeal  from  the  IVohate  Court 
to  the  Supreme  Couil  of  baiie  (the  last  resort. ) 

Province  of  Nova  Scotia. — A  married  woman  m.ay  dispoK«'  of 
all  her  pr.  jterty  l>y  will  in  the  same  manner  as  if  she  were  unmar- 
ried, subject  to  the  followin<^  conditions:  If  such  will  he  made 
without  consent  of  the  husband  given  in  writing  before  iier  death 
the  husltand  shall  have  the  right  to  exect  (to  cut  away)  between 
the  proviMions  ma<le  for  him  in  the  will  and  his  teiianey  l)y  the 
courtesy.  No  will  under  which  a  husband  laki-s  a  greater  interest 
in  his  wife's  property,  real  and  personal,  than  he  would  be  entitled 
to  in  case  she  died  intestate,  shall  be  valid  or  eff«'ctual,  unless  such 
will  shall  be  executed  when  the  husband  is  not  present,  and  unless 
the  married  woman  at  such  time  of  execution  declares,  in  the 
presence  of  two  witnesses,  that  she  executes  such  will  without  any 
fear,  threat,  or  undue  intliu'nce  of,  from  or  by  her  husband. 

A  Minor  oi-'  Kitiiku  Skx  Cannot  Makk  a  Wii.L.  A  testator 
can  devise  all  his  property  to  others  than  his  children,  but  cann(»t 
deprive  his  wife  of  her  dower.  Every  will  must  be  signed  either 
by  testator  or  by  some  one  with  his  directions  and  affirmed  in  pri'S- 
eiice  of  two  competent  witnesses,  who,  in  the  ju'esence  of  the  testa- 
tor and  of  each  other,  subscribe  their  names.  Aliens  can  make  wills 
in  the  same  manner  as  all  other  citizens.  The  birth  of  another  heir 
does  not  void  a  will.  Marriage  of  a  single  man  or  woman,  widow 
or  widower,  revokes  all  wills,  made  by  them  prior.  Wills  must  be 
tiled  for  probate  within  one  year,  but  after  a  reasonable  time  if 
evidence  of  suppression  can  be  established,  the  person  suppressing 
it  forfeits  ^20  per  month  for  every  month  he  or  she  supi)re8se8  it. 

For  Promate  ok  Wills  and  the  appointment  of  Administra- 
tors in  intestate  estates,  see  New  llrunswick. 

Province  of  British  Columbia.— A  person  making  a  will 

must  sign  it  in  the  presence  of  two  witnesses,  both  present  at  the 
same  time,  who  must  also  sign  in  his  presence  and  in  the  presence  of 
each  other.  Married  women  and  aliens  can  make  wills;  minors 
cannot.     A  testator  can  disinherit  all  his  children  but  his  wife  must 


WILI.8.  2H9 

ri'iH'ive  luT  thinlK  of  all  his  roul  c«taU'.     I'rohatioii  and  administra 
tioH,  see  New  HniiiHwick. 

Province  of  Quebec. — Aliens  have  a  rii^ht  to  a(;(|uire  ami 
transmit  l)y  gratuitous  or  onerous  title,  as  well  as  by  succession  (tr 
by  will,  all  movable  and  immovable  property  in  the  Province  of 
Quebec,  in  the  same  manner  as  liritisli-born  subjects. 

IMauuiki*  Womkn  can  make  wills  of  their  separate  property 
without  the  authorixatiou  of  their  husbands. 

MiNous  Cannot  Makic  Wills  whether  emaneipate<l  by  mar- 
riage or  not. 

Tehtatou  Can  Disinherit  all  his  children,  or  any  one  of  them, 
if  he  so  elects. 

TiiK  Widow's  Interest  cannot  be  e.xeeted  in  any  manner  from 
her  by  her  husband's  will;  the  law  regards  her  interest  as  follows: 
"In  default  of  an  antenuptial  contract  (see  married  women's  si-pa- 
rate  rights  for  Quebec)  of  marria^ge,  which  nnist  bi'  in  notarial 
form,  there  takes  place  between  the  consorts,  by  the  mere  opera- 
tion of  law,  a  community  of  the  following  property:  (1)  of  all 
movable  property,  either  possessed  by  them  before  marriage  or 
falling  to  them,  or  accpiired  after  marriage,  including  the  revenues 
of  their  private  property;  (2)  of  all  the  immovables  they  acquire 
during  marriage,  except  such  as  fall  to  them  bysueeession  or  ( (pjiv- 
alent  title;  of  this  community  the  husband  has  the  sole  control; 
immovable  jiroperty  belonging  to  either  consort  before  marriage,  or 
falling  to  him  by  direct  succession  during  marriage,  remains  the 
jirivate  property  of  such  consort,  subject  as  regards  the  property 
of  the  husband,  to  the  right  of  dower,  preserved  by  registration 
consisting  of  the  usafruct  (meaning  the  use  for  her  natural  life)  of 
the  wife,  and  the  ownership  to  the  children  of  one-half  thereof. 
This  right  of  dower  may  be  abandoned  by  the  wife.  The  husband 
administers  the  private  property  of  his  wife,  but  cannot  alienate 
her  immovables  without  her  consent.  In  marriagi'  contracts  all 
kinds  of  agreements  derogating  from  these  rules  may  be  made, 
such  as  total  and  distinct  separation  of  all  property,  gift  of  future 
property,  etc. 

Marriage  of  a  spinter,  widow,  man  or  widowerdoes  not  revoke 
or  void  any  will  made  prior. 


2'JO  READY  REFERENCE  MANUAL. 

]}iKTiioi"  A  CiiiM)  (Iocs  not  in  any  case  revoke  or  void  any  will. 

Wn'NKSsKs  to  the  will:  1st,  a  will  made  in  a  notarial  form 
and  acknowledged  by  the  maker  alone  before  a  notary;  2nd,  in  the 
form  re(|iiired  for  holograph  wills;  3rd,  in  writing  and  in  the  form 
of  attest  ill  presence  of  witnesses,  as  in  the  laws  of  England. 
Wills  made  in  notarial  oranthentic  form  are  received  before  one  or 
two  notaries  or  bef«n'e  a  notary  and  two  witnesses,  the  testator  in 
their  j)resence  and  with  them  signs  the  will  or  declares  that  he 
cannot  do  so,  after  it  has  been  read  to  him  by  one  of  the  notaries 
in  presence  of  the  other,  or  by  the  notary  in  presence  of  the  wit- 
nesses, mention  is  made  in  the  will  of  the  observance  of  the  formali- 
ties. The  witnesses  mnst  be  named  and  described  in  the  will;  they 
must  be  males  of  fidl  age,  and  must  not  be  civilly  dead,  nor  sen- 
tenced to  any  infamous  punishment.  Aliens  may  serve  as  witnesses; 
the  clerks  and  servants  of  the  notaries  cannot. 

IIoLOGUAPii  Wiu-s  must  be  wholly  written  and  signed  by  the 
testator,  and  recpiire  neither  notaries  or  witnesses;  they  are  subject 
to  no  particular  form. 

Wills  Made  Under  the  Form  Derived  fhom  the  Law.s  ok 
Enoland,  whether  they  affect  movable  or  inunovable  property, 
must  be  in  writing  and  signed  at  the  end  with  the  signature  or  mark 
of  the  testator,  made  by  himself  or  by  other  persons  for  him  in 
his  presence  and  under  his  express  direction  (which  signature  is  then 
or  subsequently  acknowledged  by  the  testator  as  having  been  sub- 
scribed by  him  to  his  will  then  produced,  in  presence  of  at  least 
two  competent  witnesses  together,  who  attest  and  sign  the  will  im- 
mediately, in  jtresence  of  the  testator  and  at  his  request);  females 
may  serve  as  attesting  witnesses,  and  the  rules  concerning  the  com- 
petency of  witnesses  are  the  same  in  all  cases  and  respects  as  for 
wills  as  aforesaid  made  in  "authentic  form." 

Proper  Form  of  Attest: — ^^ Signed  and  acknowledged  by  the 
said  testator  as  and  for  his  last  vnll  and  testament,  in  the  preserice 
of  Its,  who  in  his  presence,  at  his  request,  and  in  the  presence  of 
each  other,  have  hereunto  set  our  names  as  witnesses.'' 

Wills  Must  re  Fili'.d  for  probate  within  a  reasonable  time. 
Legacies  made  in  favor  of  the  notary,  or  witnesses,  or  to  the  wife 
of  any  such  notary  or  witnesses,  or  to  any  relation  of  such  notary 
or  witness  in  the  first  degree,  are  void,  but  do  not  annul  the  other 
provisions  of  the  will. . 


en  A  ITER  VI. 

PART  I.— Tht'  liinitatioii  oC  tiiiu-,  witliin  wliicli  Adioii  shall  1h'  miiimi'iiciMl 
aKiiiiist  K;^ill•()a^l^.  lor  tlif  rccnvny  of  Itaiiian"-^  l'<>i'  iMJiirirs  or  dfatli 
claims,  as  inovidoil  uiidor  the  liuws  in  fadi  Slalf  ami  Tciritory,  ami 
Province  in  Canada;  The  amount  of  Damages  fixed  hy  some  Stales, 
as  tilt)  limit  that  can  lie  in  the  extreme,  assessed  l)y  the  Court.  PAUT 
11.— A  Treatise  on  the  I^iws  t^overnin;,'  Conductors,  Knuineers  and  Pas- 
seriKers.  PART  111.— The  Law  conunoidy  j^overniii;;  lidvcepers  aixl 
their  (;uests.  P.\i{T  IV.— liesponsihility  of  Telej^raim  Companies  res- 
pecting Wessa^fH;  Contracts  made liy  Teleiiraph.  PART  \'.-  The  Law 
of  common  carriers.     PART  VI. —  Law  of  Pindinj;. 

PART  I.— CM  A 1'.  VI. 

DAMAGES  AGAINST  UAII.ROADS  KOR  ACCIIUCNTS. 

Alabama. — The  statute  liniits  the  time  to  couiiiieiice  .suit 
again.st  a  railroad  corporation,  in  case  of  an  injury  to  a  minor,  for 
one  year;  IVrsons  generally,  for  six  niofiths;  damages  for  death 
claims,  two  years  after  the  death  occuring.  No  limit  is  fixed  for 
amount  recoverable  in  any  case.  There  are  2191  miles  of  railroad 
within  the  State. 

Arkansas. — See  Flori<la  as  to  the  laws.  There  are  1704 
miles  of  railroad  within  the  State. 

California. — Actions  for  idemnity  against  railroads  for  in- 
jury must  be  commenced  within  three  years  thereafter.  Actions 
for  recovery  for  death  claims  must  be  made  within  same  time.  Tlu! 
statute  limits  tiie  extreme  penalty  to  ^L'ijOOO.  There  are  291 1  miles 
of  railroad  within  the  "  GolcU'U  State." 

Colorado. — Action  for  damages  of  any  description  must  be 
commenced  against  a  railroad,  in  order  to  come  within  the  time 
limited  for  persons  to  prosecute,  within  tioo  years  after  the  accident, 
or  within  the  same  time  after  death.  The  statute  limits  the  highest 
amount  recoverable  to  $5000.  There  are  2842miles  of  railroad 
within  the  State. 

Connecticut. — For  injuries  causing  death,  action  lies  for 
eigfiteen  months  after  deatli, — in  case  of  chiims  for  injury  within 


292  HEADY   REFERENCE  MANUAL. 

uiit!  year  alter  the  cause  arises.  The  eotirt  is  limited  liy  statute  iti 
the  greatest  aiuouiit  they  can  tiiid,  to  $5()()(»iii  eath  claiiUH. 
There  are  97(5  miles  of  railroad  within  the  State. 

Dakota. — Six  years  outlaws  any  claim  eitlier  for  injury  or 
death  against  a  railroad  company.  The  limit  for  injuries  or  death, 
as  damages,  is  not  fixed  by  law,  but  left  to  the  conscience  of  the 
jury.     There  are  2759  miles  of  railroad  within  tlie  territory. 

Delaware. — The  action  for  recovery  of  (lamages  for  injuries 
sustained  by  railroad  accident.s,  must  be  brought  whh'm  three  years. 
In  case  of  death,  within  07ie  year  tliereafter.  The  law  does  not 
limit  the  amount  recoverable  in  either  case.  There  are  liOii  miles 
of  railroad  within  the  State. 

District  of  Columbia. — The  laws  tlie  same  as  ^Maryland. 
The  railroad  mileage  iiiehided  with  Maryhunl. 

Florida. — An  action  brought  to  recover  damages  and  jtenalties 
against  corporations  (such  as  railroads)  for  damages  or  injuries  or 
death  claims,  must  be  commenced  within  two  years  after  the  cause 
arises.  The  statute  does  not  make  any  provision  as  to  the  amount 
recoverable  in  either  case. 

Georgia. — The  same  as  Florida  as  to  time  and  statute.  There 
are  L'97,s  miles  of  railroad  within  the  State. 

Illinois — ('ause  of  action  e,\i)ires  against  a  railroad  corpora- 
tion in  tills  State,  either  for  death  or  injuries  claimed,  if  not  coni- 
meiieed  or  notice  of  action  served  upon  the  ofKcers  of  the  company 
within  f,m>  years  after  the  accident  or  after  the  death  from  the  ac- 
cident. The  statute  li.xes  the  damages  recoverable  at  the  outside 
limit,  in  case  of  Jeatli,  at  $.5000.  There  are  1U,00U  miles  of  railroad 
in  this  State. 

Indiana. — All  actions  for  recovery  of  damages  in  cases  of  in- 
juries  or  accidents  received  while  traveling  or  otherwise,  against 
railroad  companies,  must  be  brought  within  tvH>  years  thereafter 
except  if  the  injured  ))erson  should  not  die  until  some  time  within 
the  two  years  from  the  date  of  accident,  tlien  in  such  case  the  cause 
survives  and  it  data's  from  such  deatli  period;  otherwise  in  case  of 
death  at  the  time  action  must,  ,be  brought  witliin  eighteen,  months. 


DAMAOES   AOATNST   RATT-ROADS.  293 

Section  4023  of  the  Coiisolidatefl  Statutes  of  Indiana,  ])rovi(lps  tliat 
tlie  Court  must  assess  the  damages  for  injuries.  In  ease  of  death 
claims  the  statute  limits  the  greatest  penalty  to  the  amount  of 
$r>()()().     There  are  55:34  miles  of  railroad  within  the  State. 

Iowa. — For  injury  to  persons,  the  time  is  limited  to  two  yems 
from  the  date  of  accident.  In  case  of  deatii,  within  o)te  year.  No 
limit  j)ut  upon  amount  recoverable  in  either  case.  There  are  7510 
miles  of  railroad  witluTi  the  State. 

Kansas. —  Two  years  after  accident  occurs,  outlaws  the  claim 
for  damages  in  case  of  injuries.  0«e  year  after  death  no  matter 
when  oceuring,  if  traceable  to  that  cause.  !jIO,()0()  is  the  limit  pro- 
vided by  statute  in  case  of  death.  'I'he  State  has  4205  miles  of 
railroad. 

Kentucky. — Action  for  damages  must  be  commenced  within 
one  year.  The  statute  does  not  limit  the  amount  of  damages  either 
for  injuries  or  death.  There  are  18G7  miles  of  railroad  within  the 
State. 

Louisiana. — Actions  for  recovery  of  damages  received  by  an 
accident  upon  a  railroad,  for  injuries,  must  be  brought  within  six 
f)i.(>nths  thereafter;  in  cases  of  death  at  the  time  or  arising  there- 
from afterwards,  six  ino^tths.  (In  this  latter  case  a  person  injured 
must  give  notice  to  the  company  before  the  expiration  of  the  six 
months,  if  ho  wants  his  claim  to  live  so  that  the  cause  of  action  for 
damages  by  doing  so,  is  good  at  any  time  thereafter  in  case  of  death.) 
As  Louisiana  is  the  only  State  in  the  Union  that  interprets  the  old 
ecclesiastical  or  canon  laws  of  England,  in  what  we  may  now  term 
the  "old-fashioned"  sense,  acting  wholly  upon  the  Acts  of  Parlia- 
ment and  law,  regardlef-s  of  what  may  l>e  called  the  conntion  law  of 
custom,  which  has  grown  up  from  usage  and  as  distinguished  from 
a  particular  statute,  embracing  as  in  other  words  the  statutory  and 
customary  laws  of  general  juiisprudcnce.  Outside  of  the  city  of 
New  Orleans,  the  State  is  very  averse  to  the  intermingling  of  mod- 
ern innovations  and  practices;  they  do  not  take  kindly  to  the 
ploughshare  of  modein  progress  in  turning  into  disuse  the  old 
pasture  fields  of  parish  customs.  Putting  a  value  on  life  and  lind), 
is  so  regarded,  and  comes  under  the  ban  of  their  disbelief.  There 
are  1316  miles  of  railroad  within  the  State. 


294  READY  REFERENCE  MANUAL. 

Maine. — Six  years  outlaws  any  claim  for  damages  against 
railroads  for  injuries  ;  one  year  for  damages  incase  of  deatb  claims. 
No  limit  is  put  uj)on  amount  recoverable  in  either  case.  There  are 
1142  miles  of  railroad  within  the  State. 

Massachusetts. — The  time  allowed  to  bring  action  either 
foi'  accident,  injuries  or  death,  is  the  same  as  in  all  actions  of 
torts  (3  years).  The  amount  of  damages  recoverable  in  case  of 
death  is  limited  to  $oOOO.  i990  miles  of  railroad  in  the  common- 
wealth. 

Maryland. — Suits  must  be  brought  within  one  year  for  in- 
juries only  ;  death  c'aims  at  the  time  or  afterwards  attributable  to 
the  accident,  within  one  year  after  death.  Amount  recoverable  in 
either  case  unlimited.     1082  miles  of  railroad  within  the  State. 

Michigan. — All  actions  must  be  brought  within  six  years; 
the  amount  is  fixed  U}-  the  court.  5233  miles  of  road  in  the 
State. 

Minnesota. — Same  as  Michigan,  only  death  claims  are  limited 
to  $5000.     Railroad  mi'eage  in  1888  was  4193  miles. 

Mississippi. — The  claim  for  damages  received  by  railroad 
accidents,  nmst  be  commenced  within  six  years.  No  limit  as  to 
amount  recoverable;  each  case  stands  upon  its  own  merits.  1316 
miles  of  railroad  within  the  State. 

Missouri. — See  Illinois,  as  to  actions  and  damages.  There 
are  4710  miles  of  railroad  within  the  State. 

Montana. — See  Kansas,  as  to  laws.  There  are  1,047  miles  of 
railroad  within  the  territory. 

New  Hampshire. — The  law  gives  tipo  years  for  persons  to 
bring  actions  for  damages  against  railroads.  This  dates  from  ac- 
cident, for  injury,  and  from  death  for  damages  in  such  ease.  But 
in  all  cases  to  keep  on  the  safe  side  of  the  statute,  notice  of  injury 
should  be  given  without  delay  to  the  railroad  companj',  and  in  case 
death  should  result  afterwards,  it  makes  the  claim  all  the  more 
substantial.  No  limit  in  either  case  is  put  upon  the  judgment  of 
the  court,  as  to  amount  of  damages  recoverable.  New  Hampshire 
has  1044  miles  of  railway. 


DAMAGES   ACtAINST   RAILROADS.  295 

Nebraska. — Four  years  outlaws  cluiius  for  daraages  against 
railroads  both  in  caKes  of  damages  for  injuries  and  for  death. 
$5,000  is  the  statutory  limit  that  can  be  recovered  in  case  of  death  ; 
otherwise  no  limit.     27U4  miles  of  railroad  within  the  State. 

New  York. — The  statute  fixes  the  amount  in  the  highest 
degree  that  can  be  recovered  for  death  claim  at  sr)000.  Action 
mu.stbe  commenced  in  the  county  where  plaintiff  in  the  cause  resides 
without  a  change  of  venue  agreed  upon  by  both  parties,  within  six 
years.      There  are  7335  miles  of  railroad  within  the  Empire  State. 

New  Jersey. — The  statute  limits  the  time  within  which  action 
nuist  be  commenced  to  recover  damnges  for  injuries,  aixyears  from 
the  cause  ;  in  claims  for  death  six  years  from  the  death.  The  stat- 
ute does  not  fix  the  limit  of  damages  recoverable  in  either  case. 
1819  miles  of  railroad  in  the  State,  according  to  Poor's  Manual. 

North  Carolina.— The  same  law  as  South  Carolina.  There 
are  1*.)3S  miles  of  railroad  within  the  State. 

South  Carolina. — Actions  against  railroads  for  damages  for 
iujurii^s,  nmst  be  commenced  within  six  years  after  occurring.  In 
cases  of  death  claims,  within  one  year  after  death,  whenever  it 
occurs,  if  originating  from  the  accident.  The  law  fixes  no  limit  upon 
the  jury  in  either  case.  There  are  1504  miles  of  railroad  within  the 
State. 

Ohio. — All  actions  for  recovery  of  damages  for  injuries  onlj', 
must  be  commenced  and  the  company's  ofllicers  served,  within  four 
years  after  the  accident  happened.  In  cases  of  death  at  the  time 
or  afterwards  arising  from  the  accident.  Sec.  6135  of  Revised  Stat- 
utes provides  two  years  after  death.  Sec.  G135,  fixes  the  limit  that 
in  the  greatest  instance  recoverable  at  $10,000.  There  are  727G 
miles  of  railroad  in  this  fertile  State. 

Oregon. — The  statutes  make  no  special  provision,  apnrt  from 
the  rights  given  and  reserved  within  ihv.  companies,  charteis;  but 
as  common  carriers  they  art;  liable.  Actions  should  be  inunediately 
conunenced  as  in  all  other  cases  of  torts.  There  are  1135  miles  of 
lailioad  in  operation. 

Pennsylvania. — The  constitution  of  the  commonwealth  of 
this  State  provides,  under  Sec.  21  of  Art.  3,  "No  act  of  the  General 


290  READY   REFERENCE  MANUAL. 

Assembly  shall  limit  the  amount  to  be  recovered  for  injuries  result- 
ing in  death  or  for  injuries  to  person  or  property  ;  and  in  case  of 
death  from  such  injuries,  the  right  of  action  snail  survive  and  the 
General  Assembly  shall  prescribe  any  limitations  of  .time  within 
which  suit  may  be  bi'ought  against  corporations  for  injuries  to  per- 
sons or  propert  .  or  for  other  Cannes,  different  from  that  fixed  by 
general  laws  regulating  actions  against  natural  persons,  and  such 
acts  now  existing  are  void.  There  are  7546  miles  of  railroad  in 
the  State. 

Rhode  Island. — The  same  as  Maryland  as  to  laws.  There 
are  211  miles  of  railroad  within  the  State. 

Tennessee. — All  rights  of  action  cease  either  for  injuries  or 
total  death,  after  one  year  in  the  first  instance,  and  in  the  came  in 
the  latter,  dating  from  the  death  of  the  person.  No  limit  put  upon 
the  amount  recoverable.  There  are  216G  miles  of  railroad  within 
the  State. 

Texas. — Actions  to  recover  damages  against  railroads  for  dam- 
ages, either  injuries  or  death,  shall  be  brought  in  the  case  of  injury, 
within  one  year  thereafter.  For  death  claims  within  one  year  after 
death,  whenever  terminating  in  that.  The  statute  does  not  fix  any 
limit  for  damages  in  either  case.  There  are  6198  miles  of  railroad 
within  the  State. 

Vermont. — Actions  for  recovery  of  damages  against  a  rail- 
road corporation,  must  be  commenced  within  six  years  as  in  all 
oases  of  torts.  The  statute  does  not  confine  the  court  to  any  cer- 
tain amount  that  may  be  vo(!overed.  There  are  944  miles  of  rail- 
road within  the  State. 

Virginia.—  O^ie  year  is  the  limit  allowed  for  all  actions 
against  railroads.  The  death,  however,  at  any  time  afterwards,  at 
common  law,  would  revive  the  cause  of  action,  if  established  as  the 
outcome  of  the  injuries  received  in  said  accident.  The  statute  pro- 
vides that  the  amount  of  damages  assessed  by  any  court  in  cases  of 
this  nature,  shall  in  no  instance  exceed  the  actual  and  reasonable 
value  of  the  natural  business  life  ">{  the  person. 

West  Virginia. — See  Virginia  as  to  laws.  There  are  1027 
miles  of  railroad  in  this  State. 


DAMAGES  AGAINST  RAILROADS.  297 

Wyoming  Territory.— See  Oregon  rb  to  laws.  There  are 
G16  miles  of  railroad  in  this  territory. 

Washington  Territory. — Same  as  Wyoming  and  Oregon. 
There  are  075  miles  of  railroad  within  the  territory. 

W^isconsin. — A  claim  against  a  railroad  cu.poration  outlaws 
within  six  years.     In  case  of  death  the  law  limits  the  right  of  action 

(except  in  cases  of  minors  or  persona  incapable  of  ncl'on  from  any 
natural  or  compulsory  reason  )  to  the  period  of  one  year  after  death. 
The  law  limits  the  amount  that  a  court  can  assess  to  .I'.'jOOO  in  death 
claims.     There  are  4228  miles  of  railroad  in  the  State. 

PROVINCES  OP  THE  DOMINION  OF  CANADA. 

Province  of  Ontario. — The  ad  n  must  be  commejiced  in  the 
courts  within  s/,c  months  after  the  -cident.  If  death  does  not 
occur  at  the  time,  but  at  any  time  afterwards,  from  the  injuries 
received,  notice  must  be  served  upon  the  company  before  the  e.spir- 
ation  of  the  six  months.     Amount  is  not  limited. 

Northwest  Territories.—  Action  must  be  conunencod.  within 
one  year  after  accident  for  injuries ;  and  if  death  occurs,  within  one 
year  thereafter.  Not  limited  as  to  damages  to  l)e  found  by  the 
court. 

British  Columbia. — Same  as  Northwest  Territories. 

Manitoba. — See  Ontario. 

Quebec. — Action  must  be  brought  within  three  months  in 
case  of  injuries.  In  death  claims  not  occnring  at  time  of  accident, 
but  afterwards,  and  attributable  to  the  injuries  so  received,  if 
notice  has  been  given  of  the  accident  injuries  within  the  time  speci- 
fied ( 3  months )  the  action  for  death  claim  survives,  and  is  good 
cause  at  any  time  within  three  months  from  the  date  of  the  injured 
person's  death  as  aforesaid. 

New  Brunswick.— See  Nova  Scotia. 

Nova  Scotia. — Actions  for  indemnity  either  for  injury  or 
deatl    claims,  must   be  couunenced  within  six  months.     The  fact 

19 


208  READY  REFERENCE  MANQAL. 

that  i(lemnit,y  for  iujuriew  cannot  be  ascertained  until  the  person 
is  fully  recovered  or  dies,  leaves  tho  apportioning  of  damages  an 
impossibility  in  either  case  ;  therefore  cnr  courts  ha.e  not  in  cases 
of  that  kind  interfered  until  such  finalty  was  reached.  "Where  a 
person  applies  either  to  the  company  for  indemnity  for  injuries  or 
to  the  courts,  any  award  of  the  courts  or  payment  by  the  company 
would  forfeit  his  right  or  anyone  in  his  behalf,  of  suing  for  further 
compensation  for  damages. 

Prince  Edward  Island.— See  Ontario. 
Gape  Briton.— Same  as  Nova  Scotia. 


PART  II —CHAP.  VI. 

GENEBAL    UAILUOAD     LaWS. 

Obhtrdctixo    HiniiwAYS.  —  Conductors    of    i)asHengor     trains 
ftUowiufjf    tl'eir   train  to  obstruct   tbo  public  higlnvay  for  a  longer 
period  than  fifteen  niinutos,  are  liable  to  be  punished  by  line,  regula 
t(!(l  by  the  by-laws  under  the  general  law,  as  provided  within  the 
state  or  county  or  city  or  town. 

Fkeight  Trains.  —  Conductors  or  others  in  charge,  must 
under  the  general  law,  leave  an  opening  of  at  least  four  rods  in 
any  freight  train  that  may  be  left  standing  across  the  public  high- 
way, or  in  a  like  manner  be  subject  to  tine,  as  the  local  town  by- 
laws may  provide. 

Engineer  Failing  to  Stop  at  Railroad  Crossing.  —  Whoever 
being  the  engineer  of  any  locomotive  running  upon  any  rail- 
road track  upon  or  over  which  passengers  are  or  may  bo  transported, 
runs  his  locomotive  across  or  upon  the  track  of  any  other  railroad 
upon  and  over  which  passengers  are  or  may  be  transported,  with- 
out first  coming  to  a  full  stop  before  first  crossing  such  other  track, 
and  without  first  ascertaining  that  there  is  no  other  train  or 
locomotive  in  sight  or  approaching  and  about  to  pass  over  such 
other  track  ;  or  who  runs,  or  permits  his  locomotive  to  cross  such 
track  when  a  locomotive  is  in  sight,  approaching  and  about  to  pass 
upon  and  over  such  crossing,  on  such  other  track, — shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  more  than  $1,000,  nor  less 
than  $100,  and  imprisoned  not  exceeding  one  year  in  addition. 

Locking  Passenger  Cars. — Whoever,  being  iu  charge  of  a 
passenger  train  on  any  railroad,  and  containing  any  passengers, 
sufiers  or  permits  any  such  car  to  be  locked,  or  fastens  the  door  or 
doors  thereof,  so  that  said  door  cannot  be  ojiened  by  any  such  pas- 
senger— shall  be  liable  to  a  fine  of  not  more  than  $500,  nor  less 
than  $5. 

Failing  to  Give  Signals. — Whoever,  having  charge  of  a  loco- 
motive engine  upon  any  railroad,  fails  to  signal  when  approach- 


300  READY   REFERENCE   MANUAIi. 

ing  any  road  crossing,  by  blowing  the  engine's  whistle  at  a  distance 
of  not  more  than  one  hundred  rods  or  less  than  eighty  rods  from 
such  crossing,  is  liable  to  a  fine  of  $50  and  not  less  than  $10.  In 
case  of  any  accident  and  such  neglect  is  proved,  and  that  such 
neglect  has  caused  the  injury  or  death  of  any  person,  is  liable  to 
imprisonment  for  fourteen  years  and  not  less  than  two  years. 

Non-Payino  Passengeh  Put  Off.  —  If  any  passenger  refuses 
to  pay  his  fare  or  toll,  the  conductor  of  the  train  or  the  servants  of 
the  corporation  may  put  him  out  of  the  cars  at  any  usual  stopping 
place.  This  provision  is  to  protect  the  public  from  the  dangers  of 
frecjuently  stopping  trains,  and  the  perils  of  increased  speed  to 
regain  time  thus  lost.  The  right  is  a  police  authority  generally 
given  to  persons  in  charge  of  trains  or  other  public  conveyances, 
and  the  authority  to  expel  and  also  to  receive  passengers  by  reason 
of  intoxication,  or  when  he  is  offensive  and  disagreeable  to  others,  or 
when  he  refuses  to  conform  to  reasonable  regulations  in  his  conduct, 
or  is  disorderly  or  indecent,  is  a  well  established  custom  and  law. 
If  a  conductor  has  for  any  of  the  reasons  mentioned  to  reject  any 
passenger  or  passengers,  he  must  however  rebate  the  offending 
passenger  or  passengers  the  unearned  portion  of  their  fare. 

Conductors  Have  Police  Powers. — The  conductor  of  all  pas 
senger  trains,  steamboats,  ferries  or  other  passenger  carrying  cor- 
porations or  companies,  have  universal  police  powers,  wherever 
their  trains  run. 

Conditions  Stipulated  on  the  Back  of  a  Ticket. — Railroad 
corporations  are  common  carriers,  and  any  condition  they  may  as- 
sume to  give  notice  of,  by  a  notice  on  the  back  of  ticket  sold,  other 
than  the  ordinary  regulations  and  rules  of  the  laws  governing  them, 
by  their  charters,  are  ultra  vis  viva,  which,  in  law,  means  "  beyond 
power  of  acting."  It  is  their  duty  to  protect  the  life  and  property 
of  the  passengers,  so  far  as  precaution  and  care  can  do  so,  but  it 
matters  not  whether  they  carry  passengers  free  or  for  four  cents 
per  mile,  it  does  not  change  their  responsibility. 


TART  III —CHAP.  VI. 

UKNKKAL    LAW   OK   INNKEEl'EUS. 

An  Innkeei'EH  in  liable  a8  an  iuHurer  of  the  property  of  liin 
guewtH  within  his  charge  against  everything  but  the  act  of  God,  or 
the  public  enemy,  or  the  negligence  or  fraud  of  the  owner  of  the 
property.  No  npecial  delivery  of  the  gooda  to  the  innkeeper  in 
neceHsary  to  charge  hiiu,  if  they  are  in  his  cuHtody  in  the  UHual 
manner ;  but  he  may  protect  himwelf  by  requiring  reasonable  pre- 
cautionH  from  the  guent,  an  that  he  shall  deposit  money  or  jewelry 
in  a  i)articular  place  for  safekeeping.  It  is  held  that  he  cannot  re- 
fuse to  receive  a  guest  without  good  cause.  An  innkeeper  in  not 
only  liable  like  any  other  jjerson  for  loss  or  injury  caused  by  his 
own  default  or  negligence,  but  also  for  the  loss  of  or  injury  to  prop- 
erty of  a  guest,  without  the  innkeeper's  own  default  of  any  kind. 
As  against  these  liabilities,  he  has  a  lieu  on  the  goods  of  his  guests 
for  charges,  but  no  lieu  on  his  person. 


I'AUT  IV.-CIIAl'.  VI. 

OENKUAI,    I'UOVISIONS    (lOVKKNINd    TKI.EdllAI'H    COMI-ANIKH. 

Ne(»mukn<'k  and  J)iH(U,osimK. — Tolc'griii)li  coiiiptinioH  ai-«  liuble 
for  Mi)(;cial  daiim^'fis  occiiHioned  by  failiiro  or  in'^'li^'cme  of  their 
oporatorH  or  HervantH,  in  receiving,  co]n'iii<(,  tranHiuitting,  or  deliver- 
ing (lispatdioH,  or  for  the  discloHure  of  the  conteiitH  of  any  private 
dispatch  to  any  person  oth«'r  than  io  whom  it  was  a»MresHed  or  Iuh 
agent.  Special  daniageH  recoverable  under  tluH  Hcction  cannot  be 
barred  by  regulatioiiH  of  the  company  concerning  repeating  of  luew- 

BUgeH. 

Admissible  Mkshaoes. — If  a  message  bo  couched  in  decent  lan- 
guage, the  com})any  is  bound  to  transmit  it  without  iu(|uiry  as  to 
the  motives  of  the  sender. 

Deliveuy  op  Messaoes. — The  company  is  bound  to  deliver 
promptly  all  messages,  within  one  mile  of  the  office  where  received, 
by  a  competent  messenger,  to  the  person  to  whom  addressed  or  his 
agent,  on  payment  of  the  charges  due  for  the  same,  as  the  contract 
for  which  the  company  receive  the  charges  is  not  fulfilled  until  so 
delivered. 

CoNTUACTS  BY  Teleghapii.^ — Contracts  made  by  telegraph,  be- 
tween two  or  more  persons,  shall  be  considered  a,:  binding  as  any 
contract  in  writing. 

Penalty  for  Disclosing. — Whoever  being  an  operator,  clerk, 
servant,  or  messenger  of  any  telegraph  company,  discloses  the  con- 
tents of  any  message  sent  or  received  (except  in  a  court  of  law  as 
evidence)  can  be  punished  in  some  States  as  high  as  $500,  and  in  no 
State  less  than  $10  for  every  such  offense. 


PART  v.— CHAT.  VI. 


COMMON   CAKRIER. 


Who  they  abe. — Tlie  law  regftidH  every  forponitioii,  foiiijtaiiy, 
or  indiviiluul  iih  a  fomiuon  carrier  who  uudertaken  for  coiiipensaliou 
to  carry  goodu  from  place  to  phu^efor  the  public.  Tlio  claHH  iucliuleu 
proprietorH  of  Btages,  owiierH  of  veHHels,  railroad  aiul  exprcHH  coiu- 
paiiieH,  and  thoHe  generally  who,  on  particular  roiiteH,  or  aH  they 
may  be  directed,  hold  thembelves  out  an  carrierH  for  the  public.  A 
common  carrier  muat  carry  safely  for  all  who  may  ofVer  to  employ 
him,  and  iH  bound  to  deliver  within  a  reauonable  time ;  and  he  \h  an 
insurer  against  all  loss  of  damage  to  the  property  carried  except 
such  as  may  occur  by  the  act  of  God  or  the  public  enemy.  He  may 
coutract  with  his  employer  for  a  limitation  of  his  common  law  lia- 
bility, but  he  cannot  impose  restrictions  upon  it  by  his  own  act 
merely.  In  some  of  the  States  it  is  modified  by  statute.  A  carrier 
may  demand  payment  of  his  charges  in  advance,  or  otherwise  stip- 
ulate regarding  them  ;  he  has  a  lien  for  all  such  charges  upon  the 
goods  carried. 

Common  Caurieus  in  England,  such  as  railroads,  which  receive 
goods  to  be  curried  over  a  connecting  line,  and  receii)tH  accordingly, 
is  liable  as  carrier  to  the  point  of  ultimate  destinatiou  ;  but  in  the 
United  States  and  Canada,  it  has  been  decided  by  the  courts  of 
equity,  that  they  are  only  liable  for  its  own  route,  and  for  safe  and 
prompt  delivery  to  the  next  carrier,  unless  by  contract  a  further 
liability  has  been  assumed.  Common  carriers  of  persons  are  those 
who  hold  themselves  out  as  carriers  for  hire  of  such  as  may  ofler, 
and  who  thereby  become  bound  to  carry  all  who  ofier.  They  un- 
dertake to  carry,  in  suitable  vehicles,  with  the  most  ajiproved  ap- 
pliances, with  reasonable  despatch,  and  without  negligence ;  and 
though  not  insurers  of  the  safety  of  their  passengers,  they  become 
largely  such  by  the  great  care  and  vigilence  expected  from  them  in 
the  exercise  of  their  duties  to  life  and  property. 

The  Negligence  of  the  carriers,  agent,  or  servant  in  the  con- 
duct of  their  business,  is  the  negligence  of  such  corporation  or 
company  in  the  eyes  of  the  law. 


304  HEADY   KEFERENCE   MANUAL. 

The  Verdict  ok  Jukies  ou  Puulio  Puejddices  are  too  often 
brought  in  play  with  justice,  aud  damages  awarded  when  the  pas- 
senger ijossibly  was  violating  the  rules  and  regulations  of  the  com- 
pany or  railroad.  The  law  will  not  undertake  to  apportion  the  re- 
sponsibility. At  connuou  law  the  carrier  is  not  liable  for  civil  claims 
of  damages  for  deaths;  but  in  the  United  States  and  England 
damages  are  now  recoverable  in  such  cases  by  statutes,  fixing  the 
liability  upon  them. 


PART  VI.— CHAP.  VI. 

THE    LAW    OF    FINDING. 

The  law  of  finding  ia  tliat  the  finder  has  a  ch;ar  title  aj^ainst 
eveiyono  but  the  owner.  The  proprietor  of  a  hotel  or  a  «hop  has 
uo  right  to  demand  the  property  or  preiuiseb.  Such  proprietor 
may  make  regulations  in  regard  to  lost  property  which  will  bind 
their  employees,  but  they  cannot  bind  the  public.  The  law  of  find- 
ing was  declared  by  the  King's  bench  over  lUO  years  ago,  in  a  case 
in  which  the  facts  were  these : 

"  A  person  found  a  wallet  containhig  a  sum  of  money  on  a  shop 
lloor.  He  handed  the  wallet  and  contents  to  the  shopkeeper  to  be 
returned  to  the  owner.  After  three  years,  during  which  the  owner 
did  not  call  for  his  property,  the  finder  demanded  the  wallet  and 
the  money  from  the  shopkeeper.  The  latter  refused  to  deliver 
them  up  on  the  ground  that  they  were  found  on  the  preuiises. 
The  former  then  sued  the  shopkeeper,  and  it  was  held  as  above  set 
forth,  that  against  all  the  world  but  the  owner  the  title  of  the 
finder  is  perfect.  And  the  finder  has  been  held  to  stand  in  the 
place  of  the  owner,  so  that  he  was  permitted  to  prevail  in  an  action 
against  a  person  who  fouiid  an  article  which  the  plaintiff  had  orig- 
inally found,  but  subsequently  lost.  The  police  have  no  special 
rights  in  regard  to  articles  lost,  unless  those  rights  are  conferred 
by  statute.  Receivers  of  articles  found  are  trustees  for  the  owner 
or  finder.  They  have  no  power  in  the  absence  of  special  statute  to 
keep  an  article  against  the  finder,  any  more  than  the  finder  has  to 
retain  an  article  against  the  owner.  But  the  finder  should  advertise 
the  same  inl  make  diligent  ellbrts  to  find  the  owner. 


CHAPTER    VII. 

MISCELLANKOUS    INFOKMTION. 

PART  I.— I'(>iiils<.f  Hiisinoss  r.:i\v  in  Daily  Use.  TART  ll.-('lii-k"s  Inter- 
est Tallies.  ['ART  ill. — DiU'ereiiee  in  Time  lietweeii  New  Yoik  ami 
San  I'" raiieiseo  and  intermediate  jilaees.  I'ART  IV. — Value  »)f  Foreign 
t'oin.s  a.s  re;;nlated  \>y  tlie  United  States  Director  of  the  I\Iint,  January 
Ist,  IKS!).  l'.\  RT  v.— U.  S.  Passport  Regulations.  I'AKT  VI.— Auiend- 
inents  to  Canadian  Postal  fiaws. 

PART  I.— CHAP.  VII. 

POINTS    or    UU3INESS    LAW    IN    DAILY    USE. 

If  a  note  is  lost  or  stolen,  it  does  not  release  the  maker ;  he 
must  pay  it,  if  the  consideration  for  which  it  was  given  and  the 
amount  can  be  proven. 

Notes  bear  interest  only  when  so  stated. 

Principals  are  responsible  for  the  acts  of  their  agents  in  civil 
actions. 

Each  individual  in  a  partnership  is  responsible  for  the  whole 
amount  of  the  debts  of  the  firm,  except  in  cases  of  special  partner- 
ship. 

Ignorance  of  the  law  excuses  no  one. 

The  law  compels  no  one  to  do  impossibilities. 

An  agreement  without  consideration  is  void. 

A  note  made  on  Sunday  is  void. 

Contracts  made  on  Sunday  cannot  be  enforced. 

A  note  made  by  a  minor  is  void. 

Contracts  made  with  a  lunatic  are  void. 

It  is  a  fraud  to  conceal  a  fraud. 

The  acts  of  one  partner  bind  all  the  rest. 

A  receipt  for  money  is  not  always  conclusive  evidence. 

Signatures  made  with  a  lead  pencil  are  good  in  law. 

A  note  obtained  by  fraud  cannot  be  collected. 

A  note  obtained  from  a  person  intoxicated  cannot  be  collected 
at  law. 


POINTS   OF   HUHINE8S   LAW.  307 

"  Value  received  "  is  usually  written  in  a  note,  and  should  be, 
but  it  is  not  necessary.  If  not  written,  it  is  presumed  by  the  law, 
or  may  be  supplied  by  proof. 

The  maker  of  an  "  accommodation  "  bill  or  note  (  one  for  which 
he  has  received  no  consideration,  having  lent  his  name  or  credit  for 
the  accommodation  of  the  holder)  is  not  bound  to  the  person 
acconunodated,  but  is  bound  to  all  other  parties,  precisely  as  if  there 
was  good  consideration. 

No  consideration  is  sufficient  in  law  if  it  be  illegal  in  its  nature. 

Checks  or  drafts  should  be  presented  during  lousiness  hours, 
but  in  this  country,  except  in  the  case  of  banks,  the  time  extends 
through  the  day  and  evening. 

If  the  drawee  of  a  check  or  draft  has  changed  his  residence, 
the  holder  must  use  due  reasonable  diligence  to  tind  him. 

If  one  who  holds  a  check  as  payee  or  otherwise,  transfers  it  to 
another,  he  has  a  right  to  insist  that  the  check  be  presented  that 
day,  or  at  farthest,  on  the  day  following. 

A  note  indorsed  in  blank  (  name  of  the  indorser  only  written  ) 
is  transferable  by  delivery,  the  same  as  if  made  payable  to  bearer. 

If  the  time  of  payment  of  a  note  is  not  inserted,  it  is  held  pay- 
able on  demand. 

The  time  of  payment  of  a  note  must  not  depend  on  a  contin- 
gency.    The  promise  must  be  absolute. 

A  bill  may  be  written  upon  paper,  or  substitute  for  it,  either 
with  ink  or  pencil. 

The  payee  should  be  distinctly  named  in  the  note,  unless  it  is 
payable  to  bearer. 

An  indorsee  has  a  right  of  action  against  all  whose  names  were 
on  the  bill  when  received  by  him. 

If  the  letter  containing  a  notice  of  protest  of  non-payment  be 
put  into  the  post  office,  any  miscarriage  does  nut  affect  the  party 
giving  notice. 

Notice  of  protest  may  be  sent  either  to  the  place  of  business  or 
of  residence  of  the  party  notified. 

The  holder  of  a  note  may  give  notice  of  protest  either  to  all  the 
previous  indorsers  or  only  to  one  of  them ;  in  case  of  the  latter  he 
must  select  the  last  indorser,  and  the  last  must  give  notice  to  the 
last  before  him,  and  so  on.     Each  indorser  must  send  notice  the 


308  BEADY   llEFERENCE  MANUAL. 

aaum  clay  or  the  clay  following.  Neither  Sunday  or  legal  holiday  is 
to  be  counted  in  reckoning  the  time  in  which  notice  is  to  be  given. 
The  loss  of  a  hill  or  note  is  not  sufficient  excuse  for  not  giving 
notice  of  protest. 

If  two  or  more  persons  are  jointly  liable  on  a  note  or  bill,  due 
notice  of  jn'otest  to  one  of  them  is  sufficient. 

•  If  a  note  or  bill  is  transferred  as  security,  or  even  as  payment 
of  a  pre-existing  debt,  the  debt  revives  if  the  bill  or  note  be  dis- 
honored. 

An  indorsement  may  be  written  on  the  face  or  the  back. 

An  indorser  may  prevent  his  own  liability  to  be  sued  by  writing 
"without  recource  "  or  similar  words. 

All  claims  which  do  not  rest  upon  a  seal  or  judgment  must  be 
sued  withiu  the  statute  of  limitation  where  contracted. 

Part  payment  of  a  dabt  usually  revives  an  outlawed  claim. 

No  evidence  may  be  introduced  to  contradict  or  vary  a  written 
contract,  but  it  may  be  received  in  order  to  explain  it  when  such 
contract  is  in  need  of  explanation. 

If  a  bank  pays  a  forged  check,  the  loss  falls  upon  it,  as  it  is 
bound  to  know  the  signature  of  its  own  depositor.  If  a  chcsck  or 
bill  is  fraudulently  rai.sed,  the  drawer  is  chargeable  only  with  the 
original  amount. 


PART  II.  CHAP.  VII. 

CI-Anic's  INTEREST  TAI'-LES. 

For  illustration,  wo  will  suppose  that  A  borrows  from  the  liuild- 
iiig  Society,  $1000,  repayable  by  Clark's  interest,  based  upon  4  per 
cent  in  20  semi-annual  instalments.  The  Society  wouhl  draw  up  a 
mortcjatjc  upon  A's  house  and  lot  for  .$1400,  repayable  in  ten  years 
by  semi-annual  instalments  of  ijiTO  each.  How  they  arrive  at  this  is 
as  follows: — The  interest  for  one  year  at  4  per  cent  upon  $1000 
would  be  $40;  for  ten  years,  $400;  this  is  added  to  the  ])rinciple, 
which  makes  $1400;  divided  into  20  instalments  of  $70  each.  To 
show  the  actual  rate  of  interest  that  the  borrower  pays,  we  will  as- 
sume tliat  if  the  borrower  were  to  deposit  the  amount  in  a  bank  that 
would  allow  him  C  per  cent  on  his  dciposits  (as  most  men  can  invest 
money  in  the  safest  of  securities  at  (i  ])er  cent)  and  .see  what  amount 
lie  would  have  by  compounding  interest  at  the  end  of  ten  years, 
when  he  made  his  last  payment  to  the  IJuilding  Society: — 

First  INST  .\I,ME\T  pjiid  l)y  lioi  rower  .-it  end  off!  months $70  00 

At  end  of  lirst  vc;ir,  interest  upon $70  at  ()  per  cent --  '-^  10 

I'nd  InslitJMieiit'piud  in _ 70  00 

Total  iim'l  in  l)!in]<  at  end  <inirst  year !?1  l"i  10 

interest  upon  .SI  l-J.KI  tor  (J  iiio's  at'fi  per  cent -I  ~'>^ 

:ird  Instai.mk.nt  due  and  jiaid  in 70  00 

Total  aniT  in  iianlv  at  end  of  l!^  luo's -     $-Hi  '•<■> 

liiteicst  n])on  S'.'Hi.:':!  for  (»  mo's  at  ti  ]ier  cent •>   ••' 

■Itli  1nst.\i,.mi:nt  due  and  [laiil  in 7(»  (H) 

Total  am't  in  l.aidv  at  end  of  3  years !=!2!)3  H'i 

Interest  upon  .'if'.'K'J.S'J  for  0  mo's  at  (i  per  cent - M  7S 

•"itii  Instai.mknt  due  and  paid  in - 70  00 

Total  am't  in  hank  at   end  of  "2  ',  years -    $I!71   (>0 

Intei'est  n|)on  $:)7 1.(10  for  (i  mo's  at  (i  per  (;ent 11    '1 

•itli  IxsTAl.MKNT  diK!  and  iiai<l  in 70  00 

Total  amount  in  hank  at  end  of  :>  years _ S^">-  74 

interest  upon  >il."")i>.T(  for  (i  mo's  at  (i  per  cent i;!  oS 

7th  Instalmknt  due  and  paid  in 70  00 

Total  am't  in  liank  at  end  of  ;5.l  years ..- -    >}'>-W  -',2 

Interest  upon  .'ji.'ilJO.JW  for  (i  mo's  at  0  per  cent l'>  OS 

8th  Instalment  due  and  paid  in 70  00 

Total  am't  in  hank  at  end  of  4  years. $B22  33 

Interest  upon  $0'W.33  lor  (5  mo's  at  6  per  cent 18  67 


310  HEADY  REFERENCE   MANUAL. 

Otli  Instai.mknt  due  and  paid  in $  70  (K) 

Total  ain't  in  l.anlv  at  end  of  U  years $710  9!) 

liitcivst  upon  87 1 ().!!!)  for  (»  nio's  at  6  per  cent 21  :W 

lOtli  iNSTAL.MKNT  (lu(!  and  paid  in 70  00 

Tola!  ain't  in  hank  at  end  of  5  years $802  32 

Inleresi  npon  SHO',>.;{-,>  for  (>  nio's  at  0  per  cent 24  07 

litii  Lnstai.mknt  due  and  i)aid  in 70  00 

Total  am't  in  hank  at  end  of  5^  years SMOG  '.]9 

Interest  upo.i  $S!MI.:i!)  for  ()  nio's  at  ft  per  cent 26  HO 

1 2tli  Instalment  due  and  i)aid  in 70  00 

Total  ain't  in  })ank  at  end  of  0  years __ §!)!»:$  2M 

IntiM-est  ni)on  !i!!)0:i.2.S  for  0  nio's  at  0  per  cent 20  70 

Kith  Instalment  due  and  paid  in 70  00 

Total  am't  in  hank  at  end  of  fil  years .*;i()i);{  07 

Interest  upon  $100;i.07  for  <>  nio's  at  0  per  cent ;{2  70 

14th  Instalment  duo  and  paid  in 70  00 

Total  am't  in  hank  at  end  of  7  years !?l1!»r)  sti 

Interest  npon  §1  l!t."i.8()  for  (>  nio's  at  <i  percent '. 'Mi  (>7 

mtli  Instalment  due  and  paid  in 70  00 

Total  ain't  in  hank  at  end  of  71  years _ . .  $lii01  7!$ 

Interest  n])on  8l'>01.7;i  for  (5  nio's  at  0  per  cent. JJO  or> 

Kith  Instalment  due  and  paid  in 70  00 

Total  ain't  in  hank  at  end  of  8  years §1410  78 

Interest  ujioii  sl41().7H  for  (i  ino's  at  0  per  cent 42  ;{2 

I7tli  Instalment  due  and  paid  in 70  00 

Total  ain't  in  hank  at  end  of  8.1  years SJIW:?  10 

Interest  upon  81.">2;!.10  for  (!  nio's  at  <5  per  cent 4^>  <>0 

isth  Instai-ment  due  and  i)aid  in 70  00 

Total  ain't  in  hank  at  end  of  9  years §10:58  79 

Interest  npon  §1(>;{8. 79  for  ()  nio's  at  fi  per  cent 49  16 

19th  Instalment  due  and  paid  in 70  00 

Total  am't  in  hank  at  end  of  91  years !iil7r)7  9r. 

Interest  upon  S1T')7.9.")  for  (i  nio's  at  <>  [ler  cent 52  7!5 

2iMh  Instalment  due  aii<l  paid  in TO  00 

Total  !i mount  in  hank  at  end  of  10  years §188(1  (18 

The  actual   interest  paid  hy  the  horrower  upon  his  loan  as  ahove  would 
he  8  l-."ith  percent,  iier  annum. 


PART  III.  CHAP.  VII. 

DiFFKKENCE  of  time  between  New  York  City  and  tbe  CiticH  named. 

A  travler,  setting  liis  watcli  with  Ni-w  York  time,  which  is  calh-d 
Eastern  time,  he  would  find  the  difterence  by  arriving  at  the  places 
below  : — 

Buffalo,  New  York  State  the  same  time. 
Detroit,  Michigan  State  one  hour  slow, 


Chicago,  Illinois, 

u 

i.i 

i( 

Hock  Island,  " 

(k 

11 

(( 

Cincinnati,  Ohio, 

k( 

(1 

n 

Cleveland,       " 

u 

(t 

4( 

Burlington  Iowa, 

u 

(( 

(1 

DesMoines,       " 

u 

4( 

(( 

Galveston,  Texas, 

(( 

(( 

a 

Indianapolis,  Ind. 

(i 

ii 

n 

Fort  William,  Canada, 

(( 

a 

(1 

St.  Paul,  Minnesota, 

(( 

a 

n 

LittleRock,  Arkansas, 

a 

(( 

a 

New  Orleans,  Louisiana, 

" 

4fc 

(1 

Winnipeg,  Man.,  Canada, 

two  hours 

slow. 

Salt  Lake  City,  Utah, 

(( 

Omaha,  Nebraska, 

(( 

Levenworth,  Kansas, 

a 

Bismark,  Dakota, 

(( 

San  Antonia,  Texas, 

(( 

San  FrancLsco,  Cal.,  three  hou 

rs  slo 

w 

Seattle,  Washington  Ter. 

(( 

(1 

Victoria,  British  Col.  Can 

a 

(( 

The  distance  from  New  York  Citj'to  SanFrancisco  is  3317  miles, 
or  150  ;!|i  hour's  ride  by  regular  railroad  time.  November  18th, 
1883,  Sanford  Fleming,  D.  L.  S.,  of  Ottawa,  (Janada,  had  adopted  what 
is  known  as  the  standard  time  :  Dividing  the  Continent  into  live 
time-belts,  as  follows)  :  Atlantic  district  includes  the  Canadian  Ter- 
ritory east  of  Quebec,  its  time  fixed  upon  the  GOth  meridian.  The 
Eastern  district  extends  west  to  Buffalo,  having  the  time  of  the 
75th  meridian;  The  Central  district  extonds  to  Kansas  City,  being 
the  90th  meridian  time.  The  Mountain  district  being  the  105th 
meridian.  Pacific  time  covers  the  120th  meridian.  Atlantic  time  is 
four  hours  slower  than  Greenwich  England ;  I'^astern  time  five 
hours  ;  Central  time  six ;  Mountain  time  seven ;  and  Pacific  time 
eight.  The  reader  will  not  confound  the  table  above,  which  is 
Standard  railroad  time,  with  the  Greenwich  time. 


PART  IV.  CHAP.  VII. 

UNITED  STATES  ESTIMATE  OF  VALUES  OF  FOREION  0OIN8  AS 

RKdULATED  JAN.,    1881),  UNDEU  SECTION 

35(!4,  U.   H.,  U.  B.  A. 


Ccu:i',ry.  Name  of  coins.  U.  S.  Value. 

Argentine  Kejiublio Peso $  9G  5  inilla 

Austria Florin 33  6  " 

Belgium Franc 19  3  " 

Bolivia Boliviano - .  68 

Brazil Milreis 54  0  " 

British  Pussrssions  N.  A. Dollar 1     00     " 

Chilli Peso 92  2  " 

Cuba-.- - Peso 92  G  " 

Dennjai  ic Crown 26  8  " 

Eucador --Sucre 68 

Egypt -  .Pound -  - -  - .  4  94  3  " 

France  .  -  - Franc - -  19  3" 

German  Empire Mark 23  8  " 

Great  Britain Pound  sterling 4  86  Gj 

Greece Drachma 19  3" 

Gutemnla  . . . .    Peso _ -  -  68       " 

Hayti - Gourde ---  96  5  " 

Honduras Peso  .  - 68 

India - -  -Rupee  .  - 32  3  " 

Italy    -  , .  - Lira 19  3  " 

Japan Yen 99  7  " 

Liberia Dollar 1  00 

lilexico  .  - Dollar 1  00 

Netherlands -  -  .Florin 40  2  " 

Nicaragua. .  -  - - Peso -  - - .  68 

Norway - Crown -  26  8  " 

Peru Sol 68 

Portugal Milreis 1  00 

Russia. - -  - Rouble 54  4 

Spain Peseta 19  3  " 

Sweden Crown '. . .  26  8  " 

Switzerland Franc 19  3  " 

Tripoli - Mahbub 61  4  " 

Turkey - Piastre 04  4  " 

United  States  Columbia Peso 68 

Venezuela Bolivar 13  6  " 


PART  v.— CHAP.  VII. 


O.  H.  PASSPORT  UEGULATI0N8. 


Citizens  of  the  United  States  visiting  foroign  countrieg  are 
liable  to  serious  iucouveuieiice  if  unprovided  with  iiuthfutic  proof 
of  their  national  character.  The  best  safeguard  is  a  2)aH8port  from 
the  Dei)artment  of  State,  certifying  the  bearer  to  be  a  citizen  of  the 
United  States.  Passports  are  issued  onlj'  to  citizens  of  the  United 
States,  upon  application,  supported  by  proof  of  citizenship. 

Citizenship  is  accjuired  by  nativity,  by  naturalization,  and  by 
annexation  of  territory.  An  alien  woman  who  marries  a  citizen  of 
the  United  States  thereby  becomes  a  citizen.  Minor  children  resi- 
dent in  the  United  States  become  citizens  by  the  naturalization  of 
their  father. 

When  the  applicant  is  a  native  citizen  of  the  United  States  he 
must  transmit  his  own  affidavit  of  this  fact,  stating  his  age  and  place 
of  birth,  with  the  certificate  of  one  other  citizen  of  the  United 
States  to  whom  he  is  personally  known,  stating  that  the  declaration 
made  by  the  applicant  is  true.  The  affidavit  must  be  attested  by  a 
notary  public,  under  his  signature  and  seal  of  office.  When  there 
is  no  notary  in  the  place,  the  affidavit  may  bo  made  before  a  justice 
of  the  peace  or  other  officer  authorized  to  administer  oaths;  but  if 
he  has  no  seal,  his  official  act  must  be  authenticated  by  certificate 
of  a  court  of  record. 

A  person  born  abroad  who  claims  that  his  father  was  a  native 
citizen  of  the  United  States  must  state  in  his  affidavit  that  his  father 
was  born  in  the  United  States,  had  resided  therein,  and  was  a  citi- 
zen of  the  same  at  the  time  of  the  applicant's  birth.  This  affidavit 
must  be  supported  by  that  of  one  other  citizen  acquainted  with  the 
facts. 

Naturauzed  Citizens. — If  the  applicant  be  a  naturalized  citizen, 
his  certificate  of  naturalization  must  be  transmitted  for  iiisi)ection 
(it  will  be  returned  with  the  passport),  and  he  must  state  in  his  affi- 
davit that  he  is  the  identical  person  described  in  the  certificate 
presented.  Passports  cannot  be  issued  to  aliens  who  have  only 
declared  their  intention  to  become  citizens. 

Military  service  does  not  of  itself  confer  citizenship.  A  ])erson 
of  alien  birth,  who  has  been  honoi ably  discharged  from  mililnry 
service  in  the  United  States,  but  who  has  not  been  naturalized, 
should  not  transmit  his  discharj^e  paper  in  application  lor  a  pass- 
port, but  should  ap)>ly  to  the  proper  (rourt  for  admission  to  citizen- 
ship, and  transmit  a  certified  copy  of  the  record  of  such  admission. 

In  issuing  passports  to  naturalized  citizens,  the  depaitment 
will  be  guided  by  the  naturalization' certificate  ;  and  the  signature 
to  the  ajjplication  and  oath  of  allegiance  should  conform  in  orthog- 
raphy to  the  applicant's  name  as  written  in  the  naturalizatiori  paper. 

20 


314  READY   REFERENCE   MANUAL. 

p]very  ftpplicaut  is  required  to  state  Iuh  occupation  and  the 
place  of  liis  ponuaneut  legal  reHidenco,  and  to  declare  that  he  goes 
abroad  for  temporary  sojourn  and  intends  to  return  to  the  United 
States  with  the  purpose  of  residing  and  performing  the  duties  of 
citizenship  therein.  The  wife  or  widow  of  a  naturalized  citizen 
nuist  transmit  the  naturalization  certificate  of  the  husband,  stating 
•in  her  affidavit  that  she  is  the  wife  or  widow  of  the  person  described 
therein.  The  children  of  a  naturalized  citizen,  claiming  citizenship 
through  the  father,  must  transmit  the  certificate  of  naturalization 
of  the  father,  stating  in  their  aflidavits  that  they  ar(!  children  of 
the  person  described  therein,  and  were  minors  at  the  time  of  such 
naturalization. 

The  oath  of  allegiance  to  the  United  States  will  be  required  in 
all  cases. 

Ai'PLioATioNS. — The  application  should  be  accompanied  by  a 
description  of  the  person,  stating  the  following  particulars,    viz. : 

Age, years.     Stature, feet, inches  (English  measure). 

Forehead, eyes,  uo.se, mouth,  chin,  hair, 

complexion, face, . 

If  the  applicant  is  to  be  accompanied  by  his  wife,  minor  child- 
ren, or  servants,  it  will  be  sufficient  to  state  the  names  and  ages  of 
sucli  persons  and  their  relationship  to  the  applicant,  when  a  single 
passport  for  the  whole  will  suffice.  For  any  other  person  in  the 
party  a  separate  passport  will  be  required.  A  woman's  passport 
may  include  her  minor  children  and  servants. 

Fee  Required. — By  act  of  Congress  approved  March  23,  1888, 
a  fee  of  one  dollar  is  recpiired  to  be  collected  for  every  citizen's 
passport.  That  amount  in  currency,  postal  money  order,  or  postal 
note  should  accompany  each  application.  Orders  should  be  paya- 
ble to  the  disbursing  clerk  of  the  deparlment  of  State. 

A  passport  is  good  for  two  years  from  its  date  and  no  longer. 
A  new  one  may  be  obtained  by  stating  the  date  and  number  of  the 
old  one,  paying  the  fee  of  one  dollar,  and  furnishing  satisfactory 
evidence  that  the  applicant  is  at  the  time  within  the  United 
States. 

Citizens  of  the  United  States  desiring  to  obtain  passports 
while  in  a  foreign  country  must  apply  to  the  chief  diplomatic  repre- 
sentative of  the  United  States  in  that  country,  or  in  the  absence  of 
a  diplomatic  representative,  then  to  the  consul-general,  if  there  be 
one,  or,  in  the  absence  of  both  the  officers  last  named,  to  a  consul. 

To  persons  wishing  to  obtain  passports  for  themselves,  blank 
forms  of  application  will  be  furnished  by  this  department  on  re- 
quest, stating  whether  the  applicant  be  a  native  or  a  naturalized 
citizen.  Forms  are  not  furnished,  except  as  samples,  to  those  who 
make  a  business  of  procuring  passports. 

Communications  should  be  addressed  to  the  department  of 
State,  epdorsed  "Passport  Division,"  and  each  communication  should 
give  the  postoffice  address  of  the  person  to  whom  the  answer  is  to 
be  directed.     Professional  titles  will  not  be  inserted  in  passports. 


I'ARTVI— CHAP.  VII. 

AMKNDMKVTTO  TUB  "I'OST  Oh'VWK  ACT"  OI'  TIIK  DOMINION  OPCANAHA. 

(AH««-iif.-«l  to  May  2<1.  1HHn.| 

PoHT  Okkice  Dei'Autmknt,  Canada. 

OrrAWA,  2()Tii  May,  IHHO. 

Tlio  attention  of  |»ostm.isters  is  (r.allcd  to  tlic  foUowinj;  diiingcs 
in  the  ratcH  of  jiOKfa^e  eon«e(|iient  on  tlie  ])asNin^  of  tlie  act  to 
amend  the  post  oflice  :u:l,  52  Vict.,  chapter  20: — 

1.  The  reo;iHtratioii  fee  ii|)r)n  htters  and  upon  allotlier  matter 
transmissihh'  hy  ni.'iil  within  tlie  Dominion  of  Canarhv,  to  New- 
foundland or  tiie  I'liiteil  States,  will  be  five  cents — to  he  prepaid 
hy  stamp.  All  elaKK«'K  of  matter  posted  in  and  acMressed  to  C'anada 
may  he  rej^istered. 

2.  The  rate  of  postajje  u[»on  letters  passing  from  one  post 
of^u!e  to  another  within  the  Dominion  or  1o  the  United  States  is 
tiiree  cents  |)er  oiinc*-  or  fraction  tliereol',  to  he  pre|>aid  hy  postatije 
stamp. 

Ivt'tters  addressed  to  any  place  in  Canada  upon  wliich  any 
postajjfe  lias  heen  prepaid  hy  stamp  are  to  l)e  forwarded  to  their 
(h'stination  cli:ir<,'ed  with  rhmhie  the  amount  of  the  postage  thereon 
not  so  prej»ai<l,  wiiicli  amount    is  to  he  collected  on  delivery. 

.3.  The  postage  upon  "Drop  Letters,"  that  is  letters  posted  and 
delivered  at  the  same  post  oflice,  is  one  cent  per  ounce  to  he  prepaid 
hy  ])ostage  stamp,  excM-pt  in  cases  when'  there  is  a  delivery  hy  letter 
carriers,  when  the  rate  is  two  cents  per  ounce  to  he  prepaid  hy 
postage  stamp. 

Letters  jtosted  at  siihurljan  post  offices  where  there  is  no  deliv- 
ery hy  letter  carriers,  addressed  to  the  cities  where  there  is  a 
deliverv  hy  letter  carriers,  of  which  such  ottices  are  suhurhs,  will 
he  charged  two  (tents. 

4.  The  rate  of  postage  on  newspa))ers  and  periodical  publica- 
tions printed  and  published  in  (.anada,  and  issued  less  freijuently 
than  at  intervals  of  one  month,  from  a  known  oltice  of  publication 
or  news  agency,  and  ad<lresse(l  and  posteil  by  and  from  the  same  to 
regular  suiis(!ril)ers  or  newsagents,  and  on  all  specimen  newspapers, 
is  one  cent  )»er  jioiind  or  fra<;tion  of  a  pouml,  to  he  prejiaid  hy  post- 
age stamp  or  otherwise  as  the  postmaster  general  from  time  to  time 
directs. 

5,  The  following  ch.'inj'os  have  been  made  in  the  definition  of 
a  newspaper: — 


816  READY   UEFEURNCE   MANUAL. 

•'Such  ncwHpaiH'r  or  periodical  Ih  known  utxl  rccoj»ni/f(l  as  a 
ncwHpapcr  or  iK-noaical  in  the  generally  received  senHeof  the  word 
and  consiHts  wholly  or  in  great  |)art  of  [xditical  or  other  news,  or 
articiIoH  relating  thereto,  or  to  other  eiirndit  topicH,  an<l  in  published 
regularly  at  intervals  of  not  more  tluui  oiu'  month." 

"'{'lie  full  title,  place  and  date  of  puhlication,  and  the  distin- 
guishing number  of  tlu^  issue,  are  printed  at  the  top  of  the  Hrst  and 
every  rtubse<|nent  page,  and  also  on  any  paper,  print,  lithograph  or 
engraving  purporting  to  be  a  supplement  to  it  and  sent  with  it." 

(J.  The  rate  of  postage  uj»on  all  newspapers  and  periodicaJH 
posted  in  Canaihv  not  otherwise  provided  for,  and  on  hooks, 
pamphlets,  occasional  puhlications,  printed  (iirculars,  pri(res current, 
hand  liills  and  other  matter  wholly  in  print,  aiul  on  packages  of 
Heeds,  cuttings,  bulbu,  roots,  scions  or  grafts,  patterns  or  samples  of 
goods  or  merchandise,  is  one(!ent  per  four  ounces  or  fraction  thereof 
to  be  prepaid  by  postage  stamji  or  staiuped  postband  or  wrapper. 

7.  U{)on  all  book  and  newspaper  manuscript,  jtrintcrs'  proof- 
sheets,  wiu'tlier  corrected  or  not,  maps,  prints,  drawings,  engrav- 
ings, lithographs,  photographs,  when  not  on  glass  or  in  cases  con- 
taining glass,  sheet  music  whether  j)rinted  or  written,  chicuments 
partly  jninted  or  written,  not  being  letters  or  intended  to  serve  the 
purpose  of  letters — such  as  deeds,  insurance  policies,  militia  and 
H(!hool  returns,  or  other  documents  of  like  nature, — and  on  all  other 
miscell.ineous  matter  transmissible  by  post  not  otherwise  provided 
for — the  rate  of  postagi'  is  one  cent  for  each  two  ounces  or  frac- 
tion of  two  ounces  to  be  prepaid  by  postage  stamp"  or  stamped  post- 
band  or  wrap])er. 

H.  The  particular  attention  of  postmasters  is  called  to  tlu^ 
following  provisions  of  the  statute  as  respects  the  collecticui  of 
customs'  duties  : — 

"Every  postmaster,  clerk  or  other  person  employed  in  the 
postal  service  of  Canada  shall  detain  any  post  letter,  ))arcel,  paitkage 
or  other  article  of  mail  matter,  which  contains  or  is  8usj)ected  to 
contain  any  contrabaiul  goods,  or  any  goods,  article  or  object  sub- 
ject under  any  customs  or  otlier  rcveiuie  law  to  <luty  on  being  im- 
ported into  ('ana<hi,  or  the  importation  of  which  into  Canach'i  is 
prohibited,  and  shall  deliver  the  same  to  a  collector  or  other  jtrojM'r 
otticer  of  customs,  who  may  cause  the  same  to  be  opened  in  his 
presence  and  for  his  inspection  by  the  person  to  whom  it  is  ad- 
dressed, or  some  one  by  him  thereto  authorized,  for  the  purpose  of 
ascertaining  and  exacting  the  proper  amount  of  duty,  if  any,  pay- 
able thereon;  and  after  ])aymeiit  of  <luty,  if  any  is  found  to  be 
l)ayable,  the  letter,  parcel,  package  or  any  other  article  of  mail 
matter  shall,  if  the  person  to  whom  it  is  addressed  or  his  authorized 
agent  is  present,  be  hamh'd  over  to  him  on  his  j»aying  the  postage, 
if  any,  charged  thereon,  or  if  he  is  not  present,  it  shall  be  returned 
to  the  post  otlicH'  and  be  forwarded  to  the  ])lace  to  which  it  is  ad- 
dresseti;  but  if  such  post  letter,  parcel,  package  or  other  article  of 
mail  matter  is  found  to  contain  contraband  goods  or  any  article  the 


AMENDMENT  TO   1'.   ().    ACT  OF  CANADA.  817 

importation    of  wiiidi  Ih  Ity  Ihw   |>ro)iil)itc<l,  the  Naiiii>  hIi.-iII  Im-  I'ur- 
fi'itcfl  ami  he  ilcalt  with  as  the  law  dirt'cts." 

Attention  i.s  also  callol  to  seution  llMot'  the  said  act,  wliich, 
iiH  iinn  tnU'd  reads  as  t'oMows: — 

"Every  othcer,  (derk  and  person  eni|iIoyed  in  the  jxistal  service 
of  Canada  ^<hall  he  deemed  and  hehl  to  i>e  miphtyi'd  in  I  lie  preven- 
tion of  Kniiii;<,dinj;  and  for  the  enforeement  of  the  revenue  laws  f>f 
Canada  and  shall  he  sidijeet  to  all  the  re(|iiiremt'iiis  and  penalties 
and  vi'Nted  with  the  like  protection  as  that  provided  for  under  tiie 
CustomH  and  Atnlit  Acts,  and  no  such  ollicer,  clerk  or  person  shall 
(h'liver  or  permit  to  he  delivered  to  tlu'  person  to  whom  it  is  ad- 
di'essi'd  any  post  letter,  parcel  or  package,  or  other  article  of  mail 
matter  whndi  contains  or  is  suspected  to  contain  any  dutiahle  i^oods 
until  the  duty  payahle  thereon  under  any  act  rcspi-ctiiii,'  the  cus- 
toms has  heen  paid  to  an  otlicer  of  <!iistoms  in  the  manner  prescrihcd 
hy  law  or  hy  ret,ndations  in  that  heliall." 

The  law  imposes  the  same  ohlit^ations  on  the  oHicers  of  the 
tw<»  (h'partments,  and  the  ohject  soiiirht  is  the  prot«'ction  of  the 
revenue,  which  will  he  iiest  attained  l>y  vis^ilancv  and  harmony  <d' 
action  on  the  part  of  those  otlicers  throu^L^h  whose  hands  dutial>le 
mail  matter  is  required  to  pass. 

.H)IIN(;.  HA(i(;ART, 

J'ostinaster  (ieiieral. 

(NoTK. — As  tile  I'ostal  ]{(';fuliilions  nf  ('aiiiida  upon  paK*'  l'i'>  were  in 
press  when  the  alMi\r  ilcpiirtiiiciilal  onlcr  was  is.siicii.  making;  ciTlain  iin- 
IMirlaMt  clian};;es,  we  have  lieeii  ciiiiipcllcil  to  insert  it  in  this  cliapter. — 
AUTIIOK.J 


CHAPTER  VIII. 

I'Alt'l"  I.  —  All  OiilliiM- of  Uiiiti'd  Stiitfs  loriii  ol'  ( lovcrniiii-nt  :  Declaration 
ol'  1ii(1('|h'1hIi'Iii(' of  tlic  L'liitcd  States;  Coiistitutiou  ami  AnieiKliiieiits 
tlicretoof  tlie  U.  S.  I'AKT  II.— The  Manila  Cliaiterof  KiiiK  Jolm  of 
KiiKlaiid.  I'AUT  111.— HioKraiiliical  Sketches  of  the  Lives  of  tlio 
United  States  i'ri'sidents  from  \V;i.shiiiytoii  to  (Jeiieral  Harrison. 
TAUT  IV. — Facts  aitout  the  Koyal  Family  of  (ireat  Britain  and  ii 
sketch  of  her  Majesty's  residence  ;  u  l)rief  outline  of  Canada's  greatest 
htatusman,  Sir  John  A.  MacDcjiuild. 

PART  I— CHAP.  VIII. 

AN  OUTLINE     OF    UOW  THE    UNITED    STATES    GOVERNMENT    lb     EOKMED  AND 

U.  H.  COURTS. 

The  States  of  the  Union  in  their  internal  all'airs  are  independ- 
ent ;  they  delegate  a  portion  of  their  power  to  a  central  govern- 
ment, 'vhose  laws  are  paramount  to  State  authority,  if  the  laws  are 
constitutional.  The  government  consists  of  three  branches  :  The 
executive,  legislative  and  judicial.  The  execution  power  is  vested 
iu  the  President,  who  with  the  Vice-President,  is  elected  every  four 
years,  by  an  electoral  college,  each  State  returning  as  many  electors 
as  they  are  entitled  to  Senators  and  Members  of  Congress.  These 
electors  are  chosen  every  presidential  election  in  each  State.  The 
electors  meet  in  each  State  on  the  first  AVednesday  in  December 
and  cast  their  votes  for  the  ticket  they  were  elected  for.  That  is 
the  electors  are  chosen  by  the  republican  party  as  candidates  to 
vote  that  ticket,  and  for  the  democrats  or  prohibitionists  (as  the 
party  may  be)  to  vote  their  respective  ticket,  or  in  other  words 
chosen  to  perform  without  discretion  that  party,  State  or  official 
act  only.  On  the  second  Wednesday  in  February  the  certificates  of 
the  votes  from  all  the  States  as  cast,  are  opened  by  the  President 
of  the  Senate  in  presence  of  the  two  houses  of  Congress,  when  the. 
votes  are  counted  and  the  result  declared.  The  official  term  of  the 
offices  declared  elected  begins  on  the  4tli  of  March  following.  In 
case  of  the  removal  by  death,  resignation,  or  inability  of  the  Presi- 
dei4)  the  Vice-President  succeeds  to  the  ^jresidency,  and  if  the  dis- 
ability be  not  temporary,  serves  the  remainder  of  the  presidential 
term,  and  in  case  of  failure  of  both  President  and  Vice  President, 
the  President  of  the  Senate  pro  teiiqnwe,  or  in  case  there  be  no  presi- 
dent of  the  senate,  the  Speaker  of  the  House  of  Representatives  is 
to  act  as  president. 

On  December:  15th,  1885,  the  following  amendment  to  the  suc- 
cession was  enacted  "That  in  case  of  removal,  death,  resignation  or 
inability  of  both  President  and  Vice-president  of  the  United  States, 
the  Secretary  of  the  State,  or  if  there  be  none,  or  in  case  of  his  re- 


U.   S.   GOVEllNMENT.  319 

nioval,  death  or  resignation,  or  inability,  then  the  Secretary  of  the 
Treasury,  or  if  there  be  none,  or  in  case  of  his  removal,  death,  rebig- 
natiou,  or  inability,  then  the  Attorney- General  or  if  there  be  none, 
or  in  case  of  his  removal,  death,  resignation,  or  inability,  then  the 
Postmaster  General,  or  if  there  be  none,  or  in  case  of  his  removal, 
death,  resignation  or  inability,  then  the  Secretary  of  the  Inteiior, 
shall  act  as  President  or  Vice  President  or  is  removed  or  a  president 
shall  be  elected.  Provided,  that  whenever  the  powers  and  duties 
of  the  office  of  President  of  the  United  States  shall  devolve  upon 
any  of  the  persons  named  herein,  if  Congress  be  not  in  session,  or 
if  it  would  not  meet  in  accordance  with  law  within  twenty  days 
thereafter,  it  shall  be  the  duty  of  the  person  upon  whom  said 
powers  and  duties  shall  devolve  to  issio  a  proclamation  convening 
Congress  in  extraordinary  seesici),  c;ivmg  twenty  days'  notice  of  the 
time  of  meeting. 

Sec  2.  That  the  preceding  section  shall  oidy  be  held  to 
describe  and  apply  to  such  officers  ai-  r^liall  have  been  upi)ointed  by 
the  advice  and  consent  of  the  senato  to  the  offices  therein  named, 
and  shall  as  such  only  be  eligible  to  the  office  of  President  under  the 
constitution,  and  not  und.jr  inipea<  huient  by  the  House  of  Repre- 
sentatives of  the  United  States  at  the  time  the  powers  and  duties  of 
the  office  shall  devolve  upon  th'^ni  respectively. 

When  there  is  no  election  o' President  by  the  people  for  want 
of  a  majority  of  electoral  votes  for  any  one  candidate,  the  house  of 
representatives  chooses  the  president  from  the  three  having  the 
highest  votes,  the  body  of  representatives  from  each  State,  casting 
a  single  vote.  When  the  election  results  in  no  choice  for  Vice-Presi- 
dent, that  officer  is  chosen  by  the  Senate  from  the  two  who  have 
received  the  highest  number  of  votes. 

Note. — (To  make  this  more  distinctly  understood,  we  will  give 
an  example :  Suppose  A  was  the  republican  candidate  for  Presi- 
dent, C  was  the  democratic  candidate,  D  the  prohibition  candidate  and 
E  was  the  united  labor  candidate.  A  receives  in  the  electoral  college, 
125  votes,  B  receives  100  votes,  C  75  votes  and  D  40  votes,  tind  the 
total  college  vote  was  340,  thus  it  would  re(iuire  some  one  candidate 
to  obtain  171  votes  to  be  elected,  in  which  case  none  of  the  candi- 
dates would  be  elected,  and  only  A  B  and  C  would  be  eligible  to 
have  their  names  presented  to  the  Senate  for  to  be  chosen  Presi- 
dent, as  they  are  three  highest.) 

The  President  may  be  removed  by  impeachment,  for  and  on 
conviction  of  treason,  briber j',  or  other  high  crimes  and  misde- 
meanors. He  is  commander-in-chief  of  the  army  and  navy,  and  of 
the  militia  of  the  several  States  when  they  are  called  into  actual 
service  of  the  general  government,  and  he  has  power,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  make  treaties,  and  to  ap- 
point ministers  and  other  public  officers  of  the  United  States  whose 
appointment  is  not  otherwise  provided  for.  The  President  receives 
a  salary  of  $50,000  a  year,  and  the  Vice-president  $10,000.  All 
acts  of  Congress,  over  which  he   has  a  veto,  must  be  presented  to 


320  HEADY   llEFEUENCE  MANUAL. 

him  before  they  become  law.     Laws  can  be  passed  ovfir  his  veto  V)y 
a  two-thirds  vota  of  tlie  majority,  in  both  houses  of  congi'ess.     The 
president  is  assisted  by  a  cabinet  of  seven,  called  the  secretaries  of 
state,  of  the  treasuryi  of  the  interior,  of  war,  and  of  the  navy,  the 
attorney-general,    and  postmaster  general,  who   are    nominated  by 
him  and  confirmed  by  tbe    Senate,  and   are  the  heads  of  the  seven 
executive  departments  of  the  government.     They  receive  $8000  a 
year  each.     The  principal  duties  of  the  Secretary  of  State  relate  to 
foreign   allairs.     Besides  other  matters  relating  more  dire(!tly  to 
finance,  the  Secretary  of  the  Treasury  superintends  tlie  colhjction  of 
duties  and  internal  revenue.     There  are  in  the  department  of  the 
treasury  a  treasurer,  commissioner  of  customs,  commissioner  of  in- 
ternal revenue,   and  comptroller  of  the  currency:  also  a  bureau  of 
the  mint,  which  has  under  its  control  all  the  mints  and  assay  otKces 
of  the   United  State.s.     The  Secretary  of  the    Interior  is  charged 
among  other   things  with  the  supervision  of  public  business  relat 
ing  to  the  census,  public  lands  (including  mines),  Indian  jjensions, 
and  bounty  lands,  patents,  custody  and  distribution  of  publications, 
education,  and  certain  duties  relating  to  territories.     The  most  im- 
portant of  these  functions  are  intrusted  to  the  commissioner  of  the 
goneralland  office,  commissioner  of  Indian  affairs,  commissioner  of 
pensions,    commissioner    and   assistant    commissioner   of  patents, 
superintendent  of  public  documents,    and  commissioner  of  educa- 
tion, who   are  appointed  by  the  President  with  the  consent  of  the 
Senate.     The  department  of  agriculture  (which  is  not  an  executive 
one),  under  the  charge  of  a  commissioner  of  agriculture,  is  designed 
to  obtain  and  diffuse  useful  information  relating  to  agriculture,  and 
to  procure  and  distribute  new  and  useful  seeds  and  plants.     Tbe 
jiational  legislature  consists  of  a  congress  composed  of  a  Senate  and 
House  of  Representatives.      The  Senate  consists   of  two  Senators 
from  each  State,  chosen  by  the  respective  legislatures  for  six  years, 
in  such  a  way  that   one-third  of  the  whole  body  goes  out  of  office 
every  two  years.     The  Vice-J 'resident  of  the  United  States  is  presi- 
dent of  the  Senate  ex  officio  and  the  Senate  elects  a  president  ^>n) 
tempore  to  serve  in  his  absence  ;  the  vice-president  has  only  a  cast- 
ing vote.     The  senate  has  sole  power  to  try  all  impeachments.    The 
House  of  Representatives  is  coTnposed  of  meinbers  chosen  for  two 
years  by  the  people  of  each    State.     They  are  apportioned  among 
the  several  States  according  to  their  representative  population,  ex- 
cluding Indians  not  taxed.     Every  State  is  at  least  entitled  to  one 
representative.     There  are  also  delegates,  one  from  each  organized 
territory,  who   are  entitled  to  speak  in  the  House,  but  not  to  vote. 
The  election  for   representatives  and  delegates  to  Congress  is  held 
biennially  on  the  Tuesday  next  after  the  first  Monday  in  November 
in   even   years.      The  House    of  Representatives  chooses   its   own 
speaker   and  other  officers :  has  sole   power  of  impeachment ;  and 
originates  all  bills   relating  to  revenue.     Members  of  both  Senate 
and  House  receive  )i!5000  a  year  and  mileage  at  the  rate  of  20  cents 
for  each  mile  of  travel  in  going  to  and  returning  from  the  seat  of 
government.     The  pay  of  the  Speaker  of  the  House  is  $8000  a  year. 


U.    H.    OOVEllNMENT.  321 

The  ref^ular  HessiouB  of  Congross  begiu  on  the  first  Monday  of  De- 
cember in  each  j'car,  and  extra  sossioua  may  be  called  by  the  Presi- 
deut.  The  term  of  olHce  of  the  representatives,  and  conseiiuently 
the  duration  of  eacth  Congress,  expires  by  law  on  the  4th  day  of 
March  of  every  odd  year.  Congress  has  power  to  lay  aud  collect 
taxes,  imposts,  and  excises,  which  must  be  uniform  throughout  the 
United  States  ;  to  borrow  money  on  the  credit  of  the  United  !States; 
to  reguhite  (!ommerce  witii  foreign  nations ;  among  the  several 
states,  and  with  the  Indian  tribes ;  to  coin  money  ;  to  define  and 
punish  piracy  aud  offences  against  the  law  of  nations  ;  to  declare 
war;  to  raise  and  support  an  army  and  navy;  to  provide  forrialliug 
forth  the  militia  when  reiiuired;  and  to  exercise  exclusive  legisla 
tion  over  the  District  of  Columbia.  The  judiciary  comprises  a 
Supreme  Court,  Circuit  Courts,  District  Courts,  and  the  Court  of 
Claims.  There  are  also  the  Supreme  Court  of  the  District  of  Co- 
lumbia, and  the  Territorial  Courts,  the  judges  of  which  are  appoint 
ed  by  the  President.  Besides  this  each  State  has  its  own  independ 
ent  judiciary.  The  Supreme  Court  consists  of  a  Chief  Justice 
(salary  $10,500  per  year)  and  eight  associate  justices  (salary 
$10,000  each).  It  holds  one  session  annually  in  Washington,  be 
ginning  on  the  second  Monday  in  October.  The  United  States  is 
divided  into  nine  judicial  circuits.  There  is  a  Circuit  Judge  (salary 
$6000)  resident  in  each  circuit,  and  a  Justice  of  the  Supreme  Court 
visits  each  circuit  for  the  pur^iose  of  holding  Circuit  Court.  Cir<!uit 
Courts  are  held  by  the  Justice  of  the  Supreme  Court  assigned  to 
the  circuit,  or  by  the  Circuit  Judge  of  the  circuit,  or  l)y  the  District 
Judge  of  the  district,  or  by  any  two  of  them  sitting  together.  The 
United  States  is  also  divided  into  lifty-seven  distric^ts,  in  each  of 
which  there  is  a  court,  composed  of  one  judge,  who  resides  in  the 
district  for  which  he  is  appointed.  All  the  judges  of  the  federal 
courts  are  appointed  for  life  by  the  I^resident  with  t)ie  consent  of 
the  Senate.  The  qualification  of  voters  in  the  United  States  are 
prescribed  by  the  States  respectively ;  the  fifteenth  amendment  to 
the  federal  constitution  provides  that  the  right  of  citizens  to  vote 
shall  not  be  denied  or  abridged  on  account  of  race,  color  or  previous 
condition  of  servitude.  The  executive,  power  of  each  organized 
territory  is  vested  in  a  governor,  who  is  appointed  for  four  years 
by  the  President  of  the  United  States  with  the  consent  of  the  Sen- 
ate. The  legislative  power  is  vested  in  a  council  and  house  of  rep- 
resentatives chosen  by  the  ])eople  for  two  years.  A  delegate  to 
Congress  is  elected  by  tlu!  people  in  each  territory  for  two  years. 
The  legislation  of  the  territories  is  subject  to  revision  l)v  Congress. 
The  Judges  of  the  Supreme  Court  of  each  territory  are  also  ap- 
pointed by  the  President.  All  ministers  to  foreign  countries  are 
appointed  by  the  President,  and  confirnuKl  by  the  Senate.  Aud  also 
every  chief  ofltice  in  the  civil  service  is  under  the  appointment  of 
the  President  as  the  executive  officer  of  the  realm. 


322  READY   liEFERKNCE   MANUAL. 

DECLARATION  OF  INDEPENDENCE. 

July  4, 1776. 

A  Declaration  by  the  REPiiESENTATivES  of  the  United  States 
OF  America  in  Gonoress  Assembled  : 

AVhen,  iu  the  course  of  luiman  events,  it  bocoiues  necessary  for 
one  people  to  dissolve  the  jjolitical  bands  which  have  connected 
them  witli  another,  uiid  to  assume,  among  the  powers  of  the  earth, 
the  separate?  and  ecpial  station  to  which  the  laws  of  nature  and  of 
nature's  God  entitles  them,  a  decent  respect  of  the  opinions  of 
mankind  requires  that  they  should  declare  the  causes  which  impel 
them  to  the  separation. 

We  hold  these  Truths  to  be  Self-Evident  : — that  all  men  are 
created  equal;  that  they  are  endowed  by  their  Creator  with  certain 
unalienable  rights;  that  among  these  are  life,  liberty,  and  the  pur- 
suit of  happiness  ;  that  to  secure  these  rights,  governments  are 
instituted  among  men,  deriving  their  just  powers  from  the  consent 
of  the  governed  ;  that  whenever  any  form  of  government  becomes 
destructive  of  these  ends,  it  is  the  right  of  the  people  to  alter  or 
abolish  it,  and  to  institute  new  government,  laying  its  foundation 
on  such  principles,  and  organizing  its  powers  in  such  forms,  as  to 
them  shall  seem  most  likely  to  eftect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate,  that  governments  long  established 
should  not  be  changed  for  light  or  transient  causes  ;  and  accord- 
ingly all  experience  hath  shown,  that  mankind  are  more  disposed 
to  suflt'er  while  evils  are  sutlerable,  than  to  right  themselves  by 
abolishing  the  forms  to  whi^h  they  are  accustomed.  But  when  a 
long  trahi  of  abuses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  u  design  to  reduce  them  under  absolute  despotism,  it 
is  their  right,  it  is  their  duty,  to  throw  oft"  such  government,  and  to 
provide  new  guards  for  their  future  security.  Such  has  been  the 
patient  sufferings  of  these  Colonies  :  and  such  is  now  their  necessity, 
which  constrains  them  to  alter  their  former  systems  oi  govern- 
ment. The  history  of  the  prt>sent  King  of  Great  liritain  (George  III. 
of  the  House  of  Brunswick)  is  a  history  of  repeated  injuries  and 
usurpations,  all  having  in  direct  object  the  establishment  of  an  ab- 
solute tyranny  over  these  states.  To  prove  this,  let  facts  be  sub- 
mitted to  a  candid  world  : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  nec- 
essary for  the  public  good.  He  has  forbidden  his  governors  to 
pass  laws  of  immediate  and  pressing  need  and  importance,  unless 
suspended,  in  their  operation,  till  his  assent  should  be  obtained  ; 
and  when  so  suspended,  he  has  utterly  neglected  to  attend  to  them. 
He  has  refused  to  pass  other  laws  for  the  accommodation  of  large  dis- 
tricts of  people,  unless  those  peojjlo  would  relinquish  the  right  of 
representation  in  the  legislature ;  a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  of  places  unusual,  un- 


DECLARATION   OF  INDEPENDENCE.  323 

comfortable,  and  distant  from  tho  depository  of  their  jjublic  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing, 
with  manly  lirmncss,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected  ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large,  for  their  exercise ; 
the  State  remaining,  in  the  mean  time,  exposed  to  all  the  dangers 
of  invasion  fronx  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States ; 
for  that  purpose  obstructing  the  laws  for  naturalization  of  foreigners; 
refusing  to  pass  others  to  encourage  tlieir  migrations  hither,  and 
raising  the  conditions  of  new  approjjriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  l»y  refusing  his 
assent  to  laws  for  establishing  judiciary  ])owers. 

He  has  made  Judges  dependant  on  his  will  alone,  for  the  tenure 
of  their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  expected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  lo  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies, 
without  the  consent  of  our  legislatures. 

He  has  eflfected  to  render  the  xnilitary  independent  of,  and 
superior  to,  the  civil  power. 

Ho  has  combined  with  others  to  subject  us  to  a  jurisdiclioix 
foreign  to  our  constitutions,  and  unacknowledged  by  our  laws  ; 
giving  his  assent  to  their  acts  of  pretended  legislation. 

For  quartering  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  xnock  trial,  from  punishment  for  any 
nxurders  which  they  should  commit  on  the  inlxabitants  of  these 
States. 

For  cutting  off  our  ti'ade  with  all  parts  of  the  world : 

For  huposing  taxes  on  us  without  our  coixsent : 

For   depriving  us,  in  many  cases,  of  the  benefits  of   trial   by 

jury: 

For  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighbor- 
ing ])roviixce,  establishing  therein  an  arbitrary  goveri]ment,  uxid  en- 
larging its  boundai'ies,  so  as  to  x'ender  it  at  once  an  example  and  tit 
iixstrument  for  iixtroducing  the  same  absolute  rule  into  these  colonies. 

For  taking  away  our  chartei',  abolishing  our  most  valuable 
laws,  and  alterixig,  fuixdaixientally,  the  forms  of  our  government : 

For  suspending  our  owix  legislatures,  and  declaring  us  out 
themselves  invested  with  power  to  legislate  for  us  ixx  all  cases  what- 
soever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 


324  READY   REFERENCE  MANUAL. 

He  lias  pliiiulered  our  seas,  ravaged  our  coasts,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

Ho   is,    lit  this  time,  transporting  large  armies  of  foreign  mer- 
eeiiiiries  to  complete  the  works  of  death,  desolation  and  tyranny,  al 
ready  begun    with    circumslauoes  of   cruelty  and   perfidy,  scarcely 
parallehd  in  the  most  bai  barons  ages,  and  totally  unworthy  of  the 
bead  of  a  civilized  nation. 

He  has  constrained  our  fellow  citizens,  taken  captive  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the  execu- 
tioners of  their  friends  and  brethren,  or  to  fall  themselves  by  their 
hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  lor 
redress  in  the  most  humble  manner  ;  our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince  whose  character 
is  thus  marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to 
be  the  ruler  of  a  free  peoi)le. 

Nor  have  we  been  wanting  in  attentions  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attemjjts  by  their  leg- 
islature to  extend  an  unwarrantable  jurisdiction  over  us  ;  we  have 
reminded  them  of  the  circumstances  of  one  emigration  and  settlement 
here  ;  we  have  appealed  to  their  native  justice  and  magnanimity  ;  and 
we  have  conjured  them,  by  the  ties  of  common  kindred,  to  disavow 
these  usurpations,  which  would  inevitably  interrupt  our  connexions 
and  correspondence.  Tliey,  too,  have  been  deaf  to  the  voice  of 
justice  and  of  consanguinity.  Wo  must,  therefore  accpiiesce  in  the 
necessity  which  denounces  our  separation,  and  hold  them  as  we  hold 
the  rest  of  mankind,  enemies  in  war :  in  peace  friends. 

We,  therefore,  the  llein'esentatives  of  the  United  States  of 
America,  in  General  Congress  assembled,  appealing  to  the  Supreme 
Judge  of  the  worhffor  rectitude  of  our  intentions,  do  in  the  name 
and  by  the  authority  of  the  good  people  of  these  colonies,  solemnly 
publish  and  declare,  that  these  I'^nited  Colonies  are,  and  of  right 
ought  to  be,  FiiKE  and  Tnukpendent  States  :  that  they  are  absolved 
from  all  allegiance  to  the  I5ritish  Crown,  and  that  all  political  con- 
nexion between  them  and  the  State  of  Great  Britain  is,  and  ought 
to  be,  totally  dissolved  ;  and  that,  as  free  and  independent  States, 
they  have  full  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  to  do  all  other  acts  and  things  which  inde- 
pendent States  may  of  right  do.  And  for  the  support  of  this  decla- 
ration, with  a  firm  reliance  on  the  protection  of  Divine  Prov 
idence,  we  mutually  pledge  to  each  other  our  lives,  our  fortunes, 
and  our  sacred  honor. 

John  Hancock,  Mass.  Abraham  Clarke,  N.  J. 

Josiah  Bart.lett,  i\fass.  Eobert  Morris,  England. 

William  Whipple,  Me.  Benjamin  Rush,  Pa. 

Matthew  Thornton,  Ireland.  Benjamin  Franklin,  Mass. 


CONSTITUTION   OF  THE   UNITED   STATES, 


.'J2o 


Samuel  Adams,  Mass. 
John  Adams,  Mass. 
Robert  Treat  Paine,  Mass. 
Elbridge  Gerry,  Mass. 
Stephen  Hopkins.  K.  I. 
William  Ellory,  R.  I. 
Roger  Sherman,  Mass. 
Samuel  Huntington.  Conn. 
William  Williams.  Conn. 
Oliver  Wolcott,  Conn. 
William  Floyd,  N.  Y. 
Philip  Livingston.  N.  Y. 
Francis  Lewis,  Fngland. 
Lewis  Morris,  N.  Y. 
Richard  Stockton,  N.  J. 
John  Witherspoon,  Scotland. 
Francis  Hopkinson,  Pa 
John  Hart,  N.  J. 
Francis  L.  Lee,  Va. 
Carter  Braxton,  Va. 
William  Hoppei-.  Mass. 
Joseph  Hews,  N.  J. 
John  Penn,  Va. 
Edward  Rutledge,  S.  C. 


John  Morton,  Pa. 
(xeorge  Clymer,  Pa. 
James  Smith,  Ireland 
George  Taylor.  Ireland. 
James  Wilson,  Scotland. 
George  Ross.  Del. 
Cesar  Rodney.  Del. 
George  Reed,  Md. 
Thomas  McKean,  Pa. 
Samuel  Chase,  Md. 
William  P.ica,  Md. 
Thonnvs  Stone,  .Md. 
Charles  Carroll,  Md. 
George  Wytbe,  Va. 
Richard  H.  Lee,  Va. 
Thomas  Jeft'erpon,  Va. 
Benjamin  Harrison,  Va. 
Tho    as  Nelson,  Va. 
Thomas  Heyward,  jr.  S.  C. 
Thomas  Lynch,  S.  C. 
Arthur  Middleton,  S.  C. 
Button  Gwinnet,  England. 
Ijyman  Hall,  Conn. 
George  Walton    Va. 


CONSTITUTION  OP  THE  UNITED  STATES. 

We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  ensure  donu^stic  tranipiility.  ])ro- 
vide  for  the  common  defence,  promote  the  geneial  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do 
ordain  and  establish  this  constitution  of  the  United  States  of 
America. 

ARTICLE    I. 

Sec.  1. — All  legislative  powers  herein  granted,  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

Sec.  '2. — The  House  of  Representatives  shall  bo  composed  of 
members  chosen  every  second  year,  by  the  people  of  the  several 
states  ;  and  the  ele(!tors  in  each  slate  shall  have  the  qualitications 
reipiisite  for  electors  of  the  most  numerous  Inanch  of  the  State 
Legislature. 

No  ]ierson  shall  be  a  Representative  who  shall  not  have  at- 
tained the  age  of  twenty-one,  and  been  seven  years  a  citizen  of  the 
Unii,ed  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
the  state  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among 
the  several  states  which  may  1)e  included  within  the  Union  accord- 
ing to  their  respective    numbers,  which    shall  bo  determined  by 


320  READY  REFERENCE  MANUAL. 

adding  to  the  whole  number  of  free  persons,  including  those  bound 
to  service  for  a  term  of  years,  and  excluding  Indians  not  taxed, 
throe-fifths  of  all  other  persons.  The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the  Congress  of 
the  United  States,  and  within  every  8ub8e(]ueut  term  of  ten  years, 
in  such  manner  as  they  by  law  shall  direct.  The  number  of  llepre- 
sentatives  shall  not  oxceed  one  for  every  thirty  thousand,  but  each 
state  shall  have  at  least  one  Rei)resenta1ive  ;  and  until  such  enu- 
meration shall  be  made,  the  State  of  Now  Hampshire  shall  be  en 
titled  to  choose  three ;  Massachusetts,  eight ;  Rhode  Island  and 
Providence  Plantation,  one ;  Connecticut,  live ;  New  York,  six  ; 
New  Jersey,  four;  Pennsylvania,  eight;  Delaware,  one;  Maryland, 
six  ;  Virginia,  ten  ;  North  Carolina,  five;  South  Carolina,  five;  and 
Georgia,  three. 

When  vacancies  happen  in  the  representation  from  any  state, 
the  executive  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

The  House  of  Representatives  shall  choose  their  speaker  and 
other  officers,  and  shall  have  the  sole  power  of  impeachment. 

SEr.  8. — The  Senate  of  the  United  States  shall  be  composed 
of  two  Senator.s  from  oach  state,  chosen  by  the  Legislature  thereof, 
for  six  years  ;  and  each  Senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled,  in  consequence  of 
tho  first  election,  they  shall  be  divided,  as  eijually  as  may  be,  into 
three  classes.  The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year  ;  of  the  second  class, 
at  the  expiration  of  the  fourth  year;  of  the  third  class,  at  the  ex- 
piration of  the  sixth  year  ;  so  that  one-third  may  be  chosen  every 
second  year ;  and  if  vacancies  happen  by  resignation  or  otherwise, 
during  the  recess  of  the  Legislature  of  any  state,  the  executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  Legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
f\ill  ago  of  thirty  years,  and  been  niiie  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

The  Senate  shall  choose  their  officers,  and  also  president  pro- 
temporo,  in  the  absence  of  the  Vice  president,  or  when  he  shall  ex- 
orci.se  the  office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sittitig  for  the  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside  ;  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Judgment,  in  all  cases  of  imjjeachments,  shall  not  extend  far- 
ther than  a  removal  from  office,  and  disqualification  to  hold  and  en- 
joy any    office  of   honor,  trust,  or  profit,  under  the   United  States ; 


CONSTITUTION   OF  THE   rNITEI)   STATES.  327 

but  the  party  convictod  shall,  iievertholess,  be  liable  and  subject  to 
indictment,  trial,  judj^ment  and  punishment  according  to  law. 

Sec.  4. — The  tiinca,  places,  and  manner  of  holding  elections  for 
Senators  and  Representatives  shall  bo  j^rescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may  at  any  time  by  law 
make  or  alter  such  regulations,  except  as  to  the  places  of  choosing 
Senators.  • 

The  Congress  shall  assemble  at  least  once  in  every  year  ;  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  difterent  day. 

Sec.  5. — Each  House  shall  be  judge  of  the  elections,  retuins, 
and  qualifications  of  its  own  members  ;  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  1)0  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such 
penalties,  as  each  house  may  jirovide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and  with  the  concurrence  of 
two  thirds,  expel  a  member. 

Each  House  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may,  in  their 
judgment,  require  secrecy ;  and  the  yeas  and  nays  of  the  members 
of  either  House,  on  any  (question,  shall,  at  the  desire^of  one-fifth  of 
those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  6. — The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law,  and  paid 
out  of  the  treasury  of  the  United  States.  They  shall,  in  all  cases, 
except  treason,  felony,  and  the  breach  of  the  peace,  be  privileged 
from  arrest,  during  their  attendance  at  the  session  of  their  respec- 
tive houses,  and  in  going  to  and  returning  from  the  same ;  and  for 
any  speech  or  debate  in  either  house,  they  shall  not  be  questioned 
in  any  other  place 

No  Senator  or  Representative  shall,  during  the  time  for  which 
he  Avas  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased,  during  such  time  ;  and  no 
person  holding  any  office  under  the  United  States,  shall  be  a  mem- 
ber of  either  house  during  his  continuance  in  office. 

Sec.  7. — All  bills  for  raising  reveime  shall  originate  in  the 
House  of  Representatives  :  but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

Every  bill,  which  shall  have  passed  the  house  of  representatives 
and  the  senate,  shall,  before  it  becomes  a  law,  be  presented  to  the 
President  of  the  United  States  ;  If  he  approves  he  shall  sign  it ; 
but  if  not,  he  shall  return  it  with  his  objections  to  the  house  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.     If  after  such 


328  READY    RRPKRENrE   MANUAL. 

recoUHideriitioii,  twotliirds  of  that  liouHe  Hhall  a^ron  to  i)a8H  the 
bill,  it  slmll  bcHoiit,  tofj^otlior  with  tho  objostioiiH,  to  the  other  house, 
by  whinh  it  nhall  likowiwe  be  recoiiHiileicd  ;  and  if  approved  by  two- 
thirds  of  that  house,  it  shall  beeoiiie  law.  But  in  all  such  cases, 
the  votes  of  both  houses  shall  be  detorniiiied  by  yeas  and  nays;  and 
the  names  of  the  persons  voting  for  and  uj^^ainst  the  bill  shall  be 
entered  on  the  journal  of  each  hoiisft  re8]iectively.  If  any  bill  shall 
not  bo  returned  by  tho  President  withi.'i  ten  days  (Sundays  exce))trd) 
after  it  shall  have  been  presented  to  liini,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress,  by  their  ad- 
jouriunont,  prevent  i<     returu ;  in  which  ease  it  shall  not  be  law. 

Every  order,  resolution,  or  vote,  to  which  the  concurrence  of 
the  'Jenate  and  House  of  Re|)resentatives  may  be  necessary  (excejit 
on  a  (juestion  of  adjournment)  shall  be  presented  to  the  President 
of  tho  United  States  ;  and,  before  the  sanu*  shall  take  eft'ect,  shall 
be  a])proved  by  him,  or  being  disapproved  by  him  shall  be  repassed 
by  two  thirds  of  the  Senate  and  House  of  Representatives,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sec.  8. — The  Congress  shall  have  the  power: — 

To  pay  and  collect  taxes,  imj)osts,  and  excises  :  to  pay  the 
debts,  and  provide  for  the  common  defence  and  general  w(Ofare  of 
the  United  States  :  but  all  duties,  imjjosts,  and  excises  shall  be  uni- 
form throughout  the  United  States. 

To  borrow  money  on  the  credit  of  the  United  States. 

To  regulate  commerce  with  foreign  nations,  ajid  among  the 
several  states,  and  with  the  Indian  tribes. 

To  establish  a  unil'orm  rule  of  naturalization,  and  uniform 
laws  on  the  subject  of  l)ankruptcies.  throughout  the  United  States. 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  tix  the  standard  of  weights  and  measures. 

To  provide  for  the;  ])uiiishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States. 

To  establish  postoffices  and  post  roads. 

To  promote  the  progress  of  science  and  useful  arts  by  secur- 
ing, for  limited  times,  to  authors  and  inventor.s,  tho  exclusive  right 
to  their  respective  writings  and  discoveries 

To  constitute  tribwnals  inferior  to  the  Supreme  C'ourt.  To 
define  and  punish  piracies  and  felonies  committed  on  the  high  seas, 
and  ofTences  against  the  law  of  nations. 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  laud  and  water. 

To  raise  and  support  armies  ;  but  no  appro])riation  of  money 
to  that  use  shall  be  for  a  longer  period  than  two  yf^ars. 

To  provide  and  maintain  a  navy. 

To  make  rules  for  th<'  governtnent  and  regulation  of  the  land 
and  naval  forces. 

To  provide  for  calling  forth  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions. 

To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for   governing    suc^h   parts  of  them  as  may  be  employed  in  tho 


CONSTITUTION   OF  THE    UNITED   8TATEH.  ^2'.) 

Bcrvice  of  the  United  StatfH;  rcHorviDg  to  tlio  States  reHixctively 
the  iippoiiitiiieiit  of  tlie  ofliceiH,  iiid  the  nuthoiity  of  tiiiiiiiiiy;  the 
luilitiii  according  to  the  diHcii>hiie  preHciihed  by  ('oiif^resH. 

To  exerciHC  exclu»iv<!  le^isshition,  in  uU  nisoH  whiitsoevcr,  over 
Hucli  (Ustiirt  (not  excel (hng  t<ii  miles  S(nmie)  uh  imvy  by  ccsHion  of 
jiiiiticiilar  Htuteu,  and  the  aece]itiiiice  of  CougresH  betonie  the  teat  of 
government  of  the  United  StnteH,  iind  to  exercise  hke  iiutliority  over 
all  phices  purchuseil  by  eonsent  of  the  legiHlafun^  of  the  State  in 
which  the  Hume  Hhuli  be,  for  the  creation  of  fortn,  niagazincH,  arsen 
als,  dock-yards,  and  their  needful  bnildingH;— And 

To  make  all  laws  which  sliall  be  necessary  and  proper,  for 
carrying  into  execution  the  forc^going  powers,  and  all  other  powers 
vested  by  this  constitution  in  the  government  of  tlie  United  States, 
or  in  any  department  or  oflicer  thereof. 

Skc.  1). — The  migration  or  ini])ortation  of  such  personB  as  any 
of  the  States  now  existing  shall  think  ])r<)per  to  admit,  shall  not  bo 
prohibited  by  the  Congress  piior  to  the  year  one  thousand  eight 
hundred  and  eight:  but  a  tax  or  duty  may  be  imposed  on  each 
importation  not  exceeding  ten  dollars  for  each  j)erson. 

Th(!  privileges  of  the  writ  of  luihvds  corpus  shall  not  be  sus- 
pended, unless  when,  in  casea  of  rebellion  or  invasion,  the  public 
safety  may  re<|uire  it. 

No  bill  of  attainder,  or  ex  post  facto  law,  shall  bo  passed. 

No  capitation,  or  other  direct  tax  shall  bo  laid,  unless  in  pro- 
portion to  the  ceDHUM  or  euume  ration  herein  before  dii'ected  to  be 
taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State.  No  preferences  shall  be  given,  by  any  regulation  of  com- 
merce or  revenue,  to  the  ports  of  one  State  over  those  of  another; 
nor  shall  vessels  bound  to  or  from  one  State  be  obliged  to  enter, 
clear,  or  pay  duties  in  another. 

No  money  shall  he  drawn  from  the  treasury,  but  in  couseciueuce 
of  appropriations  made  by  law  ;  and  a  regular  statement  and  ac- 
count of  the  receipts  and  expenditures  of  all  public  money  shall  bo 
published  from  time  to  time. 

No  tithi  of  nobility  shall  be  granted  by  the  United  States,  and 
no  person  holding  any  otlice  of  benetit  or  trust  under  them,  shall 
without  the  consent  of  (Jongiess  accept  any  present,  emolument, 
otfice  or  title,  of  any  kind  whatever,  from  any  king,  prince  or  for- 
eign state. 

Sec.  10.— No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation  ;  grant  letters  of  marque  and  reprisal ;  coin  money, 
emit  bills  of  credit:  make  anything  but  gold  and  silver  coin  a  tender 
in  payment  of  debtu ;  pass  any  bill  of  attainder,  ex  post  facto  law, 
or  law  irajiairing  tho  obligation  of  contracts  ;  or  grant  any  title  of 
nobility. 

No  State  shall,  without  the  consent  of  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws;  and  the  net  produce  of 

ii 


nnO  HEADY   RKFEnKNrE   MANUAL. 

nil  cliitieH  luitl  impoHtH  laid  by  nuy  Stnto  on  importH  or  exports, 
hIiiiII  l)(f  for  tlm  use  of  tli<(  ti«'iisuiv  of  tlui  I'liitcil  StiiteH  ;  mid  all 
Hucli  liiwH  shiill  1)(!  Hiibji'ct  to  lli((  revision  iiiul  control  of  tlio  Con- 
j^reHH.  No  State  hIiuII,  without  the  conHcnt  of  CongrcsH,  lay  auy 
duty  on  tonnajjfc.  k«'<'i>  troops  or  slii]iH  of  war  in  tinio  of  pfaco, 
«'nl«a"  into  any  agrconiont  or  compact  with  any  other  Stato  or  with 
a  foreij^u  pow«!r,  or  cngajje  in  war,  unleHs  actually  invadc-il,  or  in 
Huch  imminent  dan{,'cr  ns  will  not  atlmit  of  delay. 

AUTICI.E  II. 

Skc.  1. — The  executive  power  filiall  l)e  vested  in  a  President  of 
tlu)  United  States  of  America,  lie  shall  hold  his  oOice  diirinj^  the 
term  of  four  years,  and,  tot,'<!ther  with  Vice  President,  chosen  f<jr 
the  same  term,  be  elected  as  follows  : 

Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  numlxtr  of  electors,  ecjual  to  the  whole  number 
of  Somitors  and  Jiepresentatives  to  which  the  State  may  bo  entitled 
in  the  Con;,MO&s;  but  no  Senator  or  llei)resentative  or  person  hold- 
ing an  oUico  of  trust  or  prolit  under  the  Unit<!d  States,  shall  be 
appointed  an  elector. 

The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  ou  which  they  shall  give  their  votee  ;  Avliieh  day  shall 
bo  the  same  tluoughout  the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  Stales  at  the  time  of  the  adoption  of  this  constitution,  shall 
be  eligible  to  the  oflice  of  President;  neither  shall  auy  person  bo 
eligible  to  that  ollice  who  shall  not  have  attained  to  the  age  of 
thirty  five  years,  and  been  fourteen  yeaivs  a  resident  of  the  United 
States. 

In  ca^o  of  the  removal  of  the  President  from  oiHce,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  Y>owers  and  duties 
of  the  said  otHce,  the  same  shall  devolve  ou  the  Vice-President.  And 
the  Congress  may  by  law  i)rovide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice  President, 
declaring  what  otiicer  shall  then  act  as  president ;  and  such  officer 
shall  act  accordingly,  until  the  disability  be  lemoved  or  a  i)resident 
shall  be  elected. 

The  President  shall  at  stated  times,  receive  for  his  services  a 
compensation  which  shall  neither  be  increased  nor  diminished  dur- 
ing the  period  for  which  he  shall  have  bt'im  elected  ;  and  he  shall 
not  receive,  withiii  that  period,  atiy  other  emolument  from  the 
United  States  or  auy  of  them. 

Before  he  can  eater  on  the  esecutiou  of  his  office,  he  shall  take 
the  following  oath  or  atlirniatiou  : 

'■I  dosoh'j»»lif  smear  {or  ajfirn))  tJidt  I  inillfdithfidly  execute 
the  ojfice  of  J'renideiit  of  the  JJitUeAl  Staten^  and  icill,  to  thi}  hest  of 
fuy  ahilit]!,  jtreserve,  protect,  and  defend  the  (Jo>isfit>ttion  of  t/ie 
United  /States,'^ 

Sec.  2. — The    President   shall  be    commanderiu-chief  of  the 


CONHTITUTION    OP  TIIK    UNITKD   STATES.  881 

aruiy  and  navy  ot  tlio  Unitfcil  Statt-h,  and  of  llio  militia  of  tbo 
Hovoral  States,  wlicii  calUxl  into  aclinil  H«'iviit'  of  tho  United  StatcH; 
ln)  may  iiujuiro  i\w  tutinion  in  wrilinj,'  of  the  principal  ollicer  iu 
oacli  of  the  executive  depiirtments,  upon  any  snltject  relatiiif^'  to 
the  duties  of  their  renpectivt!  olHceH.  and  he  shall  have  power  to 
{,Mant  reprieves  nnd  pardons  for  olVeucob  against  the  United  States, 
except  in  cases  of  impeachment. 

fleshiill  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  lieaties,  j)rovide<l  two  thiids  of  the  Seiiulors  pres 
ont  concur  ;  and  ho  shall  nominate,  ami  by  and  with  the  advice  of 
the  S(!iiat,(N  shall  appoint  ambassadors,  other  public;  ministers,  and 
consuls,  jud^^es  of  the  Sujjreme  Court,  and  all  other  ollicers  of  the 
United  States,  whoso  appointments  are  not  luirein  j)rovided  for,  and 
which  shall  bo  (istablished  by  law.  JJut  the  Congress  may  by  law 
vest  the  appointment  of  such  inferioi  ollicerH  as  they  think  proper, 
in  the  President  alone,  in  the  courtd  or  law,  or  the  heads  of  ilepart- 
ments. 

The  President  shall  have  power  to  till  up  all  vacancies  that 
may  happen  during  the  recess  of  the  Senate,  by  granting  commis- 
sions which  shall  expire  at  the  end  of  their  next  session. 

Skc.  ;1— He  shall  from  time  to  time  give  to  the  Congress 
information  of  the  state  of  tin;  Union,  and  recommend  to  their 
consideration  such  nn^asures  as  he  shall  judge  necessary  and  ex- 
pedient; he  nnvy,  on  extraordinary  occasions,  convene  both  houses, 
or  either  of  tlnsm  ;  and  in  case  of  disagreement  between  them,  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  to  such  time 
as  he  shall  think  propja- ;  ho  shall  receive  and)assadors  and  other 
public  ministei's  ;  he  shall  takt;  care  that  the  laws  bo  faithfully  ex- 
ecuted ;  and  shall  commission  all  the  olHcers  of  the  United  States. 

Sec.  4. — The  Prescident,  Vice  president,  and  all  civil  oHicers 
of  thc!  United  States  shall  be  removed  from  oiHc<i  on  impoachmout 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  aoid 
misdemeanors. 

AUTICLE   III. 

Skc.  1. — 'i'hc  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supremo  Court,  and  in  such  interior  courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The  -ludges, 
both  of  the  Supreme  Court  ami  inferior  courts  shall  hold  their 
otHces  during  good  brshavicn',  and  shall,  at  stated  tinus  receive  for 
their  services  a  compensation  which  shall  not  be  diminished  during 
their  contlnuan(;e  in  ollice. 

Skc.  2. — The  judicial  power  shall  extend  to  all  eases  in  law 
and  equity,  arising  under  this  constitution,  the  laws  of  the  United 
States,  and  treaties  nnide,  or  which  shall  be  made,  under  this 
authority  :  to  all  cases  affecting  ambassadors,  other  public  min- 
isters, and  consuls  ;  to  all  cases  of  admirality  and  maritime  juris- 
diction ;  to  controversies  to  which  the  United  States  shall  be  a 
party ;  to  controversies  b(!tween  two  or  more  States,  between  u 
State  uud  citizeu  of  another  State,  between   citizens   of  different 


;{'}2  READY  llEFEUENCE  MANUAL. 

StiiteH,  betweeu  citi/eus  of  same  State  claiuiiug  lauds  under  grants 
of  diflbreiit  Slates  and  between  a  State  or  the  citizens  thereof,  and 
foreif^n  States,  citizens,  or  subjects. 

In  all  case:!  affectiuj,'  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all  other  cases  before 
mentioned,  the  Supreme  Court  shall  have  appellate  jurisdiction, 
both  as  to  law  and  fact,  with  such  exceptions,  and  under  such  regu- 
lations, as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury;  and  such  trial  shall  be  held  in  the  State  where  tin;  said 
crimes  sliall  have  been  committed  ;  but  when  not  conunitted  within 
any  State,  the  trial  shall  be  at  sach  place  or  places  as  the  Congress 
may  by  law  have  directed. 

Skc.  ;5. — Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  hi  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason, 
uuless  ou  the  testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court. 

The  Congress  shall  have  the  power  to  declare  the  punishment 
of  treason  ;  but  no  attainder  of  treason  shall  work  cor'uption  of 
blood,  or  forfeiture,  except    during   the  life  of  the  person  attained. 

ARTICLE  IV. 

Seo.  1. — Full  faith  and  credit  shall  be  given,  in  each  State, 
to  the  public  acts,  records  and  judicial  proceedings  of  every  other 
State ;  and  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  sucli  acts,  rocord^,  aiid  proceedings  shall  be 
proved,  and  the  etl'ect  thereof. 

Si:c  *2. — The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  llee  from  justice,  and  be  found  in  another  State, 
shall,  ou  demand  of  the  executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having  jurisdic- 
tion of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another  State,  shall,  in  conse(pu'nce  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  labor ; 
but  shall  be  delivered  up,  on  claim  of  the  party  to  whom  such  ser- 
vices or  labor  may  be  due. 

Sec.  3. — New  States  maybe  admitted  bj' the  _  Congress  into 
this  Union ;  but  no  new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State,  nor  any  other  State  be  formed 
by  the  junction  of  two  or  more  States,  or  parts  of  States,  without 
the  consent  of  the  legislatures  of  the  States  concerned,  as  well  as  of 
the  Congress. 

Tlie  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to   the  United  States ;  and  nothing  in  this  constitutiou 


CONSTITUTION    Ol"  THK    UNITKD   STATUS.  333 

shall  be  (loiistruod  as  to  prejudice  any  claims  of  the  Uuited  States, 
or  any  particular  State. 

Sec.  4. — Tlio  United  States  shall  jjfuaranteo  to  everj'  State  in 
this  Union  a  rei)ubliciin  form  of  government,  and  shall  protect  each 
of  them  against  invasion  ;  and,  on  application  of  the  legislature,  or 
of  the  executive  (when  the  legislature  cannot  be  convened)  against 
domestic  violence. 

AUTICLE    V, 

The  Congress,  whenever  two-thirds  oi'  botli  houses  shall  deem 
it  necessary,  nhall  propose  amendments  to  this  constitution  or,  on 
the  application  of  the  legislatures  of  two  thirds  of  the  several  Stat<!S, 
shall  call  a  convention  for  proposing  amendments  ;  which  in  either 
case,  shall  be  valid,  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislature  of  three-fourths  of  the  sev- 
eral States,  or  by  conventions  in  three-fourths  thereof,  as  the  one  or 
■  the  other  mode  of  ratification  may  be  proposcnl  by  the  Congress  : 
provided,  that  no  amendment  whicli  may  bo  made  prior  to  tlie  year 
one  thousand  eight  hundred  and  eiglit,  shall,  in  any  manner,  alVect 
the  first  and  fourth  clauses  in  the  ninth  section  of  the  first  article  ; 
and  that  no  State,  without  its  consent,  shall  be  deprived  of  its  ecpuil 
suffrage  in  the  Senate. 

ARTICLE  VI. 

All  debts  contracted,  and  engagements  entered  into,  before  the 
adoption  of  this  constitution,  shall  be  as  valid  against  the  T'nited 
States,  under  this  constitution,  as  under  the  cdni'ederation. 

This  constitution,  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  tnjaties  made,  or  which 
shall  be  made,  under  tin;  authority  of  the  I'nitcd  States  sliall  be 
supremo  law  of  the  land ;  and  the  Judges  in  every  state  shall  be 
bound  thereby :  anything  in  the  constitution  or  laws  of  any  state  to 
the  contrary  notwithstanding. 

The  Senators  and  the  Representatives  before  mentioned,  and  the 
members  of  the  several  state  legislatures,  and  all  executive  and  ju- 
dicial oflticers,  both  of  the  Ignited  States  and  of  the  several  states, 
shall  be  bound  by  oath  or  allirmation  to  support  this  constitution  ; 
but  no  religious  test  shall  ever  be  required  as  a  (pialification  to  any 
office  or  public  trust  under  the  United  States. 

ARTICLE   VII. 

The  ratification  of  the  conventions  of  nine  States  shall  Ix;  suffi 
cient  for  the  establishment  of  this  constitution  between  the  States 
so  ratifying  the  same. 

Gv.o.  Washington,  President. 
William  Jackson,  Secretary. 


3.'}4  READY  REFEUENCE  MANUAL. 

AMENDMENTS  TO  THE  CONSTITUTION. 

Art.  I. — CongroHs  shall  iiiako  uo  law  rcsi)ectiiig  an  establish- 
ment of  religion,  or  prohibiting  the  I'rco  exorcise;  thereof  ;  or  abridg- 
ing the  freedom  of  sjieech,  or  of  the  press  ;  or  the  right  of  the  jjcople 
peaceably  to  assemble  and  to  petition  the  government  for  redress 
of  grievanc'OB. 

Akt.  II— a  well  regulated  militia  being  necessary  to  the  secur- 
ity of  a  State,  the  right  of  the  peojjle  to  keep  and  bear  arms  shall 
not  be  infringed. 

AuT.  III. — No  soldier  shall,  in  time  of  peace,  be  cjuartered  in 
any  house,  without  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a  manner  to  be  i)rescrib(Hl  by  law. 

Art.  IV. — The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  etlects,  against  unrensonable  sei\ich«'s  and  seiz- 
ures, shall  not  be  violated ;  and  no  wairants  shall  issue,  but  upon 
probable  cause,  supjjorted  by  oath  or  attirmation,  and  particularly ' 
describing  the  i)lace  to  be  searched,  and  the  })ersons  or  things  to 
be  seized. 

Art.  V. — No  person  shall  be  held  to  answer  for  a  cai)ital,  or 
otherwise  infamous  ciime,  unl(;ss  on  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in 
the  militia  when  in  actual  service,  in  time  of  war  or  public  danger ; 
nor  shall  any  per.wn  be  sul)j(>ct,  for  the  sam(>  oft'cnce,  to  be  twice 
put  in  jeopar<ly  of  life  and  limb,  nor  shall  jirivate  property  be  taken 
for  public  use,  without  just  comfijcnsation. 

Art.  VI. — In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wheiein  the  ci'inie  i-hall  have  been  committed, 
which  district  shall  have  b(>eu  previously  ascertained  by  law,  ami  to 
be  informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  in  his  favor  ;  and  to  have  the  assistance 
of  counsel  for  his  defence. 

Art.  VII. — In  suits  at  conmion  law,  where  the  value  in  eontio- 
versy  shall  exceed  twenty  dollars,  the  right  of  trial  by  jui-y  shall  be 
preserved:  and  no  fa(;t  tried  by  jury  shall  be  otheiwise  re  examined 
in  any  other  court  of  the  United  States,  than  according  to  the  rules 
of  the  conuHon  law. 

Art.  VIII. — Excessive  bail  shall  not  be  rec^uired,  nor  excessive 
fines  imposed  nor  cruel  and  unusual  punishments  inllicted. 

Art.  IX. — The  enumeration  in  the  constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

Art.  X. — The  powers  not  delegated  to  the  United  States  by 
the  constitution,  nor  prohibited  by  it  to  the  States,  arc  reserved  to 
the  States  respectively,  or  to  the  people. 

Art.  XI. — The  judicial  ])Ower  of  the  United  States  shall  not 
be  construed  to  e:  "^end  to  any  law  suit  or  equity,  commenced  or  pro- 
secuted against  one  of  the  United  States,  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  any  foreign  state. 


AMENDMENTS  TO  THE   CONSTITUTION.  3155 

AuT.  XII.  Sec  1. — ^The  electors  shall  meet  in«their  respective 
States  aucl  vote  by  ballot  for  President  and  Vice-Presieeut,  oue  of 
whom  at  least,  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves ;  they  shall  name  in  their  ballots,  the  person  voted  for 
as  president,  and  in  distinct  ballots  the  person  voted  for  as  vice- 
president ;  and  they  shall  make  distinct  lists  of  all  persons  voted  for 
as  president  and  of  all  persons  voted  for  as  vice  president,  and  of 
the  number  of  votes  for  each,  which  list  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  government  of  the  United  States 
directed  to  the  President  of  the  Senate  ;  the  President  of  the  Senate 
shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  the  i  bo  counted  ;  the 
person  having  the  greatest  number  of  votes  for  president  shall  be 
president,  if  such  number  be  a  majority  of  the  whole  number  C'f 
electors  appointed  ;  and  if  no  person  have  such  majority  then  from 
the  persons  having  tiie  highest  tiumbers,  not  exceeding  three, , on 
the  list  voted  for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  Put  in  choosing  the 
President,  the  vote  shall  be  taken  by  States,  the  representation  from 
each  State  having  one  vote  ;  a  (piorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two  thirds  of  the  States,  and  a  majority 
of  all  the  States  shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice  president  shall  act  as  President  as  in  the 
case  of  death,  or  other  constitutional  debility  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  Vice- 
president  shall  be  the  vice  president,  if  such  number  be  a  majority 
of  the  whole  number  of  the  electors  nppointeil  :  and  if  no  jierson 
have  a  majority  then  from  the  two  highest  numbers  on  the  list  the 
Senate  shall  choose  the  Vice-president;  a  quorum  for  the  purpose 
shall  consist  of  two  thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  Dcrsoii  cntistitutionally  inelligible  to  'he  oHice  of  Pres- 
ident shall  be  eligible  to  that  of  \'i('c-i)resident  of  the  I'nited  States. 

Art.  XIII.  Si;c.  1. — Neither  slavery,  noi' involuntary  servitude 
except  as  punishment  for  crime,  whereof  tlie  party  shall  have  been 
duly  convicted,  shall  exist  within  the  Ignited  States,  or  any  place 
subject  to  their  jurisdiction. 

Sec.  2. — Congress  shall  have  power  to  enforce  this  Article  by 
appropriate  legislation. 

AuT.  XIV.  Sec.  1 — All  persons  bom  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  theicof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  N'o  iStatc  s/utll 
tnake  or  oiforce  any  low  H'hich  shall  abridge  the  privileges  or  ini- 
■niuiiitiea  of  citizens  of  the  Vtiited  States  ;  nor  shall  any  State  de- 
prioe  any  pers'>n  of  life,  liberty  or  ^^roperty  v^ithoiit  d>ie  process  of 
law  ;  nor  deny  to  any  person  within  its  Jurisdiction  the  equal  2^ro- 
tection  of  the  laws. 

Sec.  2. — Representatives  shall  be  apportioned  among  the  several 


336  READY  UEFERENCE   MANUAL. 

States  iiccoi'diifg  to  tlieir  reBpective  miiiibeiH,  couiitiiifj  tlio  whole 
luniiber  of  persons  in  each  Slate, exckuliiiff  Indians  not  taxed  ;  but 
when  the  iij»ht  to  vote  at  any  election  for  choice  of  electors  forl'rcs 
ideiit  and  \"ice  president  of  the  United  States,  Representatives  in 
Congress,  the  executive  and  judicial  ofTicers  of  a  State,  or  tlie  mem- 
bers of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabit- 
ants of  such  State,  being  twenty  one  years  of  age,  and  citizens  of 
the  United  States,  or  in  any  way  abridged,  except  for  particijiation 
in  rebellion  or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  of  the  number  of  such  male  citizens 
twenty  one  yeais  of  age  in  such  State. 

Skc.  3. — No  person  shall  he  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  and  Vice-president  or  hold  any 
otH(re,  civil  or  military,  under  the  United  States  or  under  any  State, 
who,  having  previously  taken  an  oatli  as  a  member  of  Congress,  or 
as  an  ofiicer  of  the  United  States,  or  as  a  member  of  any  legislature, 
or  as  an  executive  or  judicial  ofiicer  of  any  State,  to  support  the  (!on- 
stitution  of  the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  C-ongress  may,  by  a  vote  of  two-thirds  of  each  house 
remove  such  disability. 

Hkc.  4. — The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payments  of  pensions 
and  bounties  for  service  in  suppressing  insurrection  or  rebellion,  shall 
not  be  (juestioned.  Bat  neither  the  United  States  nor  any  state 
shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insur- 
rection or  rebellion  against  the  United  States,  or  any  claim  for  loss 
or  emancipation  of  any  slave;  but  all  such  debts,  obligations,  and 
claims  shall  be  held  illegal  and  void. 

Skc.  5. — The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  Article. 

Art.  XV.  Sec.  1. — The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United  States  or  any 
slate  on  account  of  race,  color  or  previous  condition  of  servitude. 

Skc.  2. — The  congress  shall  have  power  to  enforce  this  Article 
by  appropriate  legislation. 


PART  II.— CHAP.  VIII. 

TUK  MAGNA    CllAUTA,  TUK    OHIGIN   OF  CIVILIZED  LIEKKTIES   SIUNEU    UV    KINU 

JOHN   OF   ENGLAND. 

Tlie  ofigin  of  civilized  liberties  may  be  saiil  to  have  boeu  giveu 
to  the  wodd  under  the  Magna  Charta.  It  is  in  constitutional  sense 
a  guarantee  to  the  people  in  perpetuity  the  enjoyment  of  these 
rights  and  liberties.  While  in  form  it  was  originally  only  a  gift  of 
tlieso  rights  and  liberties  by  the  king,  and  subject  to  his  prerogative. 
But  in  substance  and  fact  it  become  the  guaranty  of  the  Anglo 
Saxon  institutions  and  usages  favorable  to  liberty  which  had  been 
almost  suppressed  by  the  Norman  conquerors.  The  nobles  found 
that  these  usages  or  the  principles  involved  in  them,  were  all  they 
wanted  to  seisure  these  rights ;  and  by  demanding  them  only,  they 
secured  such  co  operation  on  the  part  of  the  clergy  and  the  cities. 
The  principal  provisions  of  the  charter  were  determined  upon  and 
ratilied  in  a  preliminary  instrument  by  the  King  ;  and  then  ho  mot 
the  deputies  of  his  nobles,  and  some  of  his  clergy  at  Runnymodo, 
where,  on  June  15,  1215,  the  charter  was  executed.  It  bears  the 
seal  of  the  king,  and  of  a  large  number  of  nobles:  many  C02)ie8  were 
made  out  at  once.  Two  of  these  originals,  for  all  may  be  called  so, 
are  still  preserved  in  tbo  Cottoniau  Library  in  the  British  museum. 
In  the  subsequent  reigns,  Magna  Charta  was  repeatedly  confirmed. 
While  it  was  originally,  as  before  stated,  intended,  mainly  for  the 
nobles  and  landlords  of  England,  and  that  subject  to  the  king's 
pleasure,  but  as  right  will  conquer,  it  was  broad  enough  to  grant 
those  rights  and  liberties  to  all  men  in  the  realm.  Its  force  was 
never  lost  by  disuse,  and  its  princijjles  never  forgotten.  It  con- 
firmed the  liberties  of  the  church,  and  released  the  grievances  in- 
cidental to  feudal  tenures  which  were  both  oppressive  and 
despotic.  It  restrained  the  royal  prerogative  of  purveyance  and 
lire  einptiou.  It  prohibited  unlawful  amercements,  distresses,  or 
punishments.  It  regulated  forfeiture  of  lands  and  prevented  the 
grant  of  exclusive  fisheries,  or  of  new  bridges  injurious  to  a  neigh- 
borhood. It  established,  or  founded,  the  right  of  the  owner  of 
]iersonal  i:>roperty  to  dispose  of  it  by  will,  and  it  put  the  law  of 
dower  on  the  footing  it  has  since  occupied.  It  protected  merchants, 
retpiired  uniformity  of  weights  and  measures  and  forbade  alienation 
of  lands  in  mortmain.  It  guarded  against  delays  and  denials  of 
justice,  and  brought  trial  o*  issues  within  reach  of  all  freemen  by 
means  of  assizes  and  circuits.  It  asserted  and  confirmed  certain 
liberties  of  the  city  of  London,  and  all  other  cities,  boroughs  and 
towns,  and  parts  of  the  kingdom.  It  protected  every  freeman  from 
loss  of  life,  liberty  and  property,  except  by  the  judgment  of  his 
peei's  or  the  law  of  the  land,  and  by  it  the  king  promised  that,  *'  we 
will  sell  to  no  man.,  we  will  not  deny  or  delay  to  any  inan,  ric/Jit  or 
jnsticey  This  charter  is  often  appealed  to  in  every  civilized  country 
in  the  world  ;  and  its  principles  are  embodied,  in  some  form,  in 
every  constitution  in  the  civilized  nations  of  the  world. 


TEMPLE  OF  A  CENTURY'S  GROWTH. 


PART  III— CHAP.  VIII. 

BIOGItAPIIIES     OF     ALL     THE     PHE3IDENT8     OF     THE     UNITED     HTATES     FROM 
\VASllIN(iTON    TO    UKNEHAL   HAKUISON — 1789  TO    1889 — 100    VEAUS. 

GEORGE  WASHINGTON, 

The  First  President  of  the  United  States,  1789  to  1796. 

Ho  was  born  at  Mount  Vernon,  Dec.  14,  1732  ;  was  of  Eu^flish 
parentage,  a  farmer,  phinter  and  surveyor  by  occupation ;  he  was  elec- 
ted delegate  to  the  Continental  Congress  in  1774,  and  early  the  next 
year  chosen  commander- in-chief  of  the  revolutiouar}'  armies.  His  first 
attack  was  at  Boston,  in  March,  1776,  where  he  made  the  British 
evacuate  ;  he  next  met  disaster  at  Long  Island  aud  Fort  Washington, 
but  regained  by  victories  at  Trenton  and  Princeton ;  checkmated 
by  several  unforseeu  reverses,  among  them  Brandy  wine  and  German 
town;  and  the  inclemencies  of  a  winter  ;  but  the  ojiening  leaves  of 
the  spring  of  1778,  he  won  Monmouth  ;  after  two  years  of  skirmish- 
ing warfare  the  crowning  victory  was  gained  by  Lafayette  returning 
from  Arnold's  attack  at  Virginia  and  joining  him  at  the  battle  of 
Yoiktown  in  1781.  After  this  he  retired  upon  his  farm  and  did  not 
appear  again  in  public  life  until  he  was  appointed  to  go  to  Phila- 
delphia in  1787,  where  the  Constitution  of  the  United  States  was 
framed.  Afterwards  he  was  chosen  by  a  unanimous  vote  of  the 
electoral  college;  as  the  first  president,  and  was  inaugurated  on  the 
6th  day  of  April,  1789.  He  was  elected  for  a  second  term  in  1792, 
and  at  the  close  of  that  term,  in  1796,  he  sent  his  fart^vell  address 
to  Congress,  and  on  the  expiration  of  his  term  retired  from  public 
life.  He  married  Mrs.  Martha  Custis,  a  wealthy  widow,  in  1759, 
but  never  had  a  child  born  to  them.  He  was  nearly  as  tall  as  his 
illustrious  counterpart,  Abraham  Lincoln,  being  6  feet  2  inches.  Of 
all  the  memories  and  mottoes  of  tongue  and  actions,  his  parabolical 
sayings,  and  wise  far  seeing  attainments,  embodif  d  and  perpetuated 
in  the  thousand  of  ways  in  this,  his  country,  nothing  can  recall  so 
forcibly  to  our  mind  as  the  heirlooms  and  surroundings  in  his  old 
headcjuarters  at  Newburgh,  New  York.  History  and  observation  is 
there  in  common  reality  blended  into  a  most  profoundly  interesting 
study.  A  man  of  no  special  brilliancy,  but  of  sterling  honesty  in 
nature's  noblest  and  humblest  greatness.  He  died  by  catching  a 
severe  cold  at  his  farm  in  Mount  Vernon,  Dec.  14,  1799. 

JOHN  ADAMS. 

Second  President,  1797  to  1801. 

Born   October  19,   1735,  in  that  part  of  the  town  of  Brain- 
tree,  Mass.,  which   is   now  Quincy,  and   died   there,  July  4,  1826. 


340  HEADY  REFERENCE   MANUAL. 

He  was  the  son  of  a  faniior,  aud  tlio  grcat-graiulHoii  of  Heury  Ad- 
ams, who  oini<,'rato(l  from  Eiiffland  ahont  KMO.  Ho  gratluated  at 
Harvard  College  iu  1755,  was  admitted  to  the  bai',  and  ac(iuir(!d  an 
extensive  practice.  He  was  prominent  iu  the  discussions  of  the 
"Stamp  Act"  and  other  public  (juestions.  xV scries  of  articles  which 
he  contributed  to  the  "Boston  Gazette"  were  published  as  au  "Es- 
say on  the  Canon  and  Feudal  Law."  In  1770,  having  removed  to 
Boston,  he  was  chosen  a  representative  to  t^o  general  court,  wlu^re 
he  became  a  leader  of  the  patriotic  party.  From  1774  to  1777  he 
was  one  of  the  most  prominent  members  of  the  Continental  Con- 
gress, aud  for  eighteen  months  was  president  of  the  board  of  war 
and  ordnance  ostablislied  in  177(5.  After  the  close  of  the  Congress 
in  1774,  he  was  chosen  by  the  town  of  Braiutree  to  the  Provincial 
Congress  then  iu  session.  He  was  appointed  commissioner  to  Prance 
in  1777,  and  went  to  Paris  in  1778,  but  soon  returned  and  took  a 
leading  part  in  the  formation  of  a  State  constitution  for  Massachu- 
setts, in  1779.as  minister  to  treat  with  Great  Britain  concerning  peace 
and  commerce,  he  sailed  for  Prance,but  was  prevented  by  Vergennes, 
the  French  minister  of  foreign  affairs,  from  making  to  Great  Brit- 
ain any  communications  of  his  powers.  Two  years  later  Vergennes 
obtained  from  Congress  the  recall  of  Mr.  Adams's  power  to  negoti- 
ate a  treaty  of  commerce,  and  the  conj unction  of  several  colleagues 
with  him  to  treat  for  peace.  In  1780  Mr.  Adams  went  to  Holland, 
was  authorized  to  negotiate  a  Dutch  loan,  and  was  soon  afterwards 
appointed  minister  to  that  country.  In  1782  he  returned  to  Paris, 
and  with  Franklin,  Jay  aud  Laurens,nogotiated  a  preliminary  treaty 
of  peace  with  Great  Britain.  Ho  was  soon  after  appointed  a  com- 
missioner, jointly  with  Franklin  and  Jay.  to  negotiate  a  treaty  of 
commerce  with  Great  Britain,  and  subsecpTently  with  Franklin  and 
Jefferson  to  form  treaties  with  other  foreign  powers.  From  May, 
1785,  to  the  spring  of  1788,  he  was  minister  to  England,  during 
which  time  he  published  his  "  Defence  of  the  American  Constitu- 
tion." He  was  chosen  Vice-President  of  the  United  States  in  1789, 
and  re  elected  iu  17!)2.  As  president  of  the  Senate  he  supj)orted  the 
administration  of  Washington  by  numerous  casting  votes.  In  1796 
he  was  elected  President  by  the  Federalists  by  three  electoral  votes 
over  Jefferson.  He  was  again  the  Federal  candidate  in  1800,  but 
was  defeated  by  Jefferson.  Upon  the  expiration  of  his  term  he  re 
tired  from  ])ublic  life. — See  "Life  and  Works  of  John  Adams,"  by 
Charles  Francis  Adams. 


THOMAS  JEFFERSON.  ' 

Third  President,  1801  to  1809. 

He  was  boru  at  Albermarle,  Virginia,  April  2,  1843;  was  a  lawyer 
by  profession.  Ho  published  the  germ  of  the  Declaration  of  Inde- 
pendence iu  1775,  entitled:  "A  Summary  View  of  the  Rights  of 
British  America."  He  was  a  member  of  the  Continental  Congress, 
and  was  chairman  of  the  committee  that  drew  up  the  Declaration 


lilOOUAl'IIIES   OF  THE   I'REHIDENTH.  "  341 

of  Intlepeiideiice,  and  it  wuh  he  who  drafted  it.  Jeftbrsou  introduced 
the  bills  known  as  the  repeal  of  eutailH,  abolition  of  primogeniture, 
and  establiBlmieiit  of  religious  freedom.  He  was  elected  governor 
of  Virginia  in  177i),  and  Vi(!o-President  in  171)0.  In  1800  ho  was  the 
llepublican  candidate  for  President,  along  with  IJurr.  (At  this  pe- 
riod the  constitution  did  not  jirovide  that  the  nominations  for  presi- 
dent and  vice-president  to  be  separate,  but  it  was  left  to  the  elec- 
toral college  to  choose;  since  then.  Article  12,  Sec.  1,  amends  the 
constitution,  requiring  separate  nominations  by  the  people.)  The 
vote  in  the  electoral  college  resulted  in  a  tie,  and  it  was  left  to  the 
House  of  Ilepresentatives  to  elect  the  President  and  Vice-President, 
which,  after  weeks  of  struggles,  Jefferson  was  declared  elected  on 
th(!  JJGth  ballot.  In  1804  he  was  I'e-elected  President,  along  with 
Clinton  as  Vice  President.  At  the  expiration  of  his  second  term  he 
abandoned  political  life,  and  devoted  the  remainder  of  his  days  to 
the  advancement  of  education.  He  founded  the  University  of  Vir- 
ginia, and  upon  his  grave-stone  is  inscribed  as  follows:  "The  father 
of  the  University'  of  Virginia."  Of  the  first  three  presidents,  Jeller- 
sou  had  perhaps  the  most  whole-souled  personality.  Washington's 
dignity  was  an  admiration  in  his  character,  but  its  commonness  was 
too  remote  to  gather  into  genial  ac<piaintance.  Washington  has 
been  authoritatively  attributed  with  saying:  "It  is  my  supreme  de- 
sire to  live  and  die  an  honest  farmer."  Jell'erson  had  said  of  John 
Adams  :  "  He  is  as  disinterested  as  the  Being  who  made  him." 
While  we  know  that  all  men  are  mortal,  we  must  not  in  our  extrav- 
agant i>raise  of  good,  useful  men,  be  led  to  believe  that  any  man 
will  bear  this  encomium,  while  such  men  as  Washington,  Adams 
and  Jefferson  were  patterned  in  all  that  was  exalted,  noble  and  good 
for  mankind,  and  their  country  especially.  JefVersou  died  a  few 
hours  before  John  Adams,  at  Mouticello,  July  4,  182(5. 

JAMES  MADISON. 

Fourth  President,  1809  to  1817. 

Madison  was  born  at  King  George,  Virginia.  March  10,  1751, 
He  was  of  the  old  Virginia  planter  stock  ;  physically  vigorous ; 
morally  intellectual,  and  naturally  relined,  gracious  and  hospitable. 
Unlike  many  of  his  successors  and  indeed  his  predecessors,  sur- 
rounded by  excellent  early  advantages  in  education,  which  com- 
bined with  an  ever  ambitious  taste  for  literary  pursuits,  made  him 
one  of  the  most  prolidc  writers  among  the  presidents.  He  was  a 
graduate  of  Princeton  College  with  high  honors  in  1771.  After 
graduating,  he  commenced  the  study  of  law.  In  1770  he  was 
elected  a  member  of  the  Virginia  convention,  and  procured  the  pas- 
sage of  the  substance  of  an  amendment  to  the  declaration  of  rights 
by  George  Mason,  which  struck  out  the  old  term  toleration,  and 
inserted  a  broader  exposition  of  religious  rights.  In  the  same  year 
he  was  a  member  of  the  general  assembly,  but  lost  his  election  in 
1777,  because  he  refused  to  provide  election  funds  for  buying 
whiskey.    In  1780  he  was  elected  to  the  Continental  Congress,  he 


342  HEADY   IIEPKIIENCE   MANUAL. 

not  being  thirty  yeiiiH  of  ago  nt  this  time.  In  1784  he  withdrew 
from  the  National  Legiahiture  to  devote  his  iiiilujinceH  towards  tlie 
h'giHluture  of  his  native  state ;  after  uphill  tights  ho  had  many  of 
tiio  medieval  laws  of  unjiistaess  and  hardness  repealed,  and  sultsti- 
tiited  th(!refor  liberal  ones  apace  with  ('ivilizati(jn.  Abont  this  time 
Lis  great  paper  "  Memorial  and  Remonstrance''  appeared,  which 
opposjid  the  taxing  of  the  people  for  religious  purposes,  or  in  other 
words,  it  divorced  the  laws  of  State  and  Church.  In  ISOl  he  was 
appointed  Secretary  of  State  in  Jellerson's  cabinet  and  atited  in 
tiiat  department  until  the  dose  of  Jeli'erson's  administration  in 
1809.  In  ISOH  he  was  nominated  and  ehicted  president  by  receiv- 
ing 122  of  the  175  electoral  votes.  In  the  dilUculty  with  Great 
Britain,  he  advocated  a  i)acitic  policy,  but  reluctantly  actpiiesced  in 
declaring  war.  On  March  4,  1813,  he  entered  upcm  a  second  ternj. 
In  181G  he  signed  the  bill  for  the  incorporation  of  a  national  bank, 
although  he  had  previously  vetoed  a  similar  one.  After  the  ter- 
mination of  his  term,  he  retired  into  Virginia,  and  actc^d  as  visitor 
and  rector  of  the  University  of  Virginia,  and  in  1829,  sat  in  the 
state  convention  to  revise  the  old  constitution.  He  died  at  his 
home  in  Montpelier,  near  Orange  Court  House,  Virginia,  .lune  28, 
181}().  Congress  purchased  from  his  widow  his  uianuscripts  for 
!i!30,000. 

JAMES  MONROE. 

Fifth  President,  1817  to  1825. 

James  Monroe  came  from  the  same  play  grounds  at  the  mouth 
of  Monroe's  creek,  where  it  empties  into  the  Potomac,  as  George. 
AVashington.  On  the  banks  of  this  historical  river  he  was  born, 
April  28.  1758.  His  parents  were  of  the  cavalier  stock  that  served 
under  Robert  Bruce  of  Scotland.  He  was  educated  at  William 
C!ollege,  which  he  left  in  1776  to  enter  the  army  as  a  cadet.  As 
aide-de  cam})  to  Lord  Sterling,  with  the  rank  of  major,  ho  served  in 
the  campaigns  of  1777  and  1778,  distinguished  himself  in  the  bat- 
tles of  Brandywine,  Germantown  and  Monmouth.  He  afterwards 
studied  law  in  Thomas  Jefl'erson's  office.  In  1782  he  was  elected 
to  the  assembly  of  Virginia,  and  was  appointed  a  member  of  the  ex- 
ecutive council.  In  1783  he  was  chosen  a  delegate  to  Congiess  for 
three  years.  He  advocated  an  extension  of  the  powers  of  Congress, 
and  in  1785  moved  to  invest  that  body  with  authority  to  regulate 
trade  between  States.  This  led  to  the  Convention  at  Annapolis, 
and  the  subsequent  adoption  of  the  federal  constitution.  In  1787, 
he  was  re  elected  to  the  General  Assembly,  and  in  1788,  was  chosen 
a  delegate  to  the  Virginia  Convention  to  decide  upon  the  adoption 
of  the  federal  constitution,  which  he  opposed.  In  1790  he  was 
chosen  to  the  United  State  Senate,  where  he  became  a  ])romiuent 
representative  of  the  anti  federal  ])arfy.  In  1794  he  went  as  minis- 
ter to  l<''ranoe,  but  was  recalled  in  1796,  under  an  informal  censure. 
In  1798  he  published  a  "View  of  the  conduct  of  the  Executive  in 
the  Foreign  Afl'airs  of  the  United  States."     He  was  Governor  of 


iJfo<iUAi'iiii:s  ov  I'm;  ii;esii)F,nts.  343 

Virginia,  17!i'.)  lo  ISOii,  wus  Ihon  uppoinUd  envoy  oxlraoiiliiuuy  to 
the  FiciKrh  govcruiiicnt,  aiu\  ii('<,'oti(ik'(l,  in  conjunction  with  the 
resident  iniuiKtcr,  Mr.  LivingHton,  the  |iur«hiis»'  of  Louisiiinu.  In 
the  Hiinic  year  lio  wuh  coniiMissioiunl  Minister  I'Icnipotcntiary  to 
I'^ngland,  and  endeavored  to  conchido  a  convention  for  the  protec- 
tion of  neutral  ri<^htH  and  against  the  impressment  of  seamc  n.  In 
tlie  midst  of  tliene  negotiations  he  was  (hrected  to  jiroceed  to 
Mulridt)  aljmt  the  controversy  in  rehition  to  the  houndariea  of 
the  n«(\v  purchase  of  LouiHiana.  In  this  ho  faih!(h  and  in  18(1(1  he 
was  recalled  to  England  to  act  with  Mr.  J'inkney  in  further  nego 
tiations  for  the  protection  of  neutral  riglits.  A  treaty  was  con- 
chidi'd,  1)  it  wasi  not  accepted  hy  the  United  States.  In  IKOH  a  con 
sideruhh;  hody  of  the  repuhliciiii  i)arty  biought  forward  Monroe  as 
a  candidate  for  I'resident :  but  lu;  witluh'ew  from  the  canvass.  In 
1810  lie  was  again  ele«;ted  to  tht^  general  assend^ly  of  Virginia,  and 
in  1811,  governor.  In  the  same  year  he  was  apjjointed  by  I'lesi- 
dent  M.idison.  Secretary  of  Stiite,  ami  after  tln^  capture  of  AVash- 
ington  in  1814,  he  became  also  Secretary  of  AVar.  In  1817  he  be 
caTue  I'resident  by  an  electoral  vote  of  181}  out  of  217,  as  the  candi- 
date of  the  jiarty  generally  known  as  d( nidcrntic  republicans  ;  and 
in  1820  he  was  re  elected  almost  unanimously,  receiving  231  votes 
out  of  2  52  electoral  votes.  In  his  message  of  Decend)er3,  1823,  he 
promulgated  tiie  policy  of  '•  neither  entangling  ourselves  in  the  broils 
of  Kuioj)e,  nor  suffering  the  ])owers  of  the  old  woi  Id  to  interfere 
with  the  atlairs  of  the  new,"  now  generally  known  as  the  "  Munroe 
doctrine."  On  March  4.  1825,  he  retired  from  oflice  and  returned 
to  his  residence;  of  f)ak  Hill,  in  Louden  Co.,  Va.  He  was  chosen  a 
Justi(te  of  tlie  Peace,  anrl  as  such  sat  in  tlie  County  Court.  In  1829, 
he  becaiue  a  mend>er  of  the  Virginia  Convention  to  revise  the  old 
constitution,  and  was  chosen  to  preside  over  the  deliberations  of 
that  bt)dy  ;  but  was  compelled  by  ill-health  to  resign  his  post  in  the 
convention.  About  this  time  he  was  atllicted  with  the  death  of  his 
beloved  wife,  and  to  add  to  his  ber(  avment  more  i)ain  and  bitter- 
ness, he  through  financial  troubles,  was  obliged  to  ]iart  with  Oak 
Lodge,  his  old  home.  Lafayette,  learning  of  his  old  friends  pecu- 
niary trials,  generously  ofl'ered  him  assistance,  but  the  manly  sjiirit 
of  the  old  Virginian  could  Tiot  accept  it.  He  icmoved  to  New  York 
to  his  dauglit<;i'H  home,  wheic  he  died.  July  I.  18.'51,just  live  years 
from  the  day  that  John  Adams  and  Thomas  Jeilerson  died. 

JOHN  QUINCY  ADAMS. 

Sixth  Presi.lcnt  1825  (o  1820. 

The  eldest  son  of  I'resident  John  Adams,  born  July  11,  1707, 
at  (^uincy.  Mass.  He  sjicnt  much  of  his  boyhood  days  id)ioad,  tiav- 
eliug  and  going  to  school,  in  Fiance.  Holland  and  Fiiigland  where 
he  acquired  a  good  classical  education.  He  was  a  lawyer  by  pro- 
fession ;  he  at  one  time  held  a  I'rofessorsliip  in  Harvard  College. 
He  was  appointed  United  States  minister  to  the  Netherlands  during 


844  READT   REFERENCE   MANUAL. 

WuHhiiigton's  prfHidoucry,  ftinl  during  Ijih  futher'H  term  lie  waw  Hciit 
aH  uiiiiiHtcr  to  (lennauy.  In  IHOU  he  was  olerteil  I'liited  HtiitoH 
Soniitor,  lis  u  IVdrralist,  but  owing  to  liiH  inability  to  haiiuoiiizo 
witli  .JflVfiHon'M  cnibiirgo,  he  icHigned  in  IKUH.  In  ISO!)  lio  wiih  ap 
poiuti'd  luiniHtcr  to  HuHsia.  In  1815  whh  sent  aH  ininibtcr  to  llng- 
hiud,  but  wfiH  HubHe(|uoiitiy  lecalhul  in  1H18,  on  the  election  of 
JNIonioe  UH  jucsidt  lit,  uiid  ic'<"<'ived  the  portfolio  of  Sccictary  of  Stale 
iu  that  administration.  In  1S2'1  h«  whh  tho  uoujineo  of  the  Coaii- 
tiouiat  party  for  president  al)i)r^  with  Jackhou,  Cruwfoid  and  ("lay.  . 
The  election  went  to  the  house  of  representatives  (as  the  electoial 
college  gave  no  one  of  the  four  a  majority,)  where  Adnnis,  through 
the  iuHuenco  of  Clay,  received  the  votes  of  13  state;-',  and  was  elected, 
and  John  C.  Calhoun  being  elected  vice  preKJdent.  On  the  expiia 
tion  of  his  term,  in  1829,  Mr.  Adams  retired  to  his  home  in  Quincy, 
Mass.  He  was  soon  after  elected  to  congress,  where  he  took  his 
seat  in  18;U,and  continued  in  office  for  17  years,  distinguiHliing  him- 
self especially  by  his  advocacy  of  "  the  right  of  petition"  in  connec- 
tion with  the  slavery  agitation.  A  remarkable  fact  of  this  scholarly 
statesman  was,  that  when  a  mere  lad,  he  commenced  to  keep  a  diary, 
Avhich  forms  a  vivid  portraiture  of  the  man  and  his  times;  its  nu- 
merous sigtiificant  entries  that  he  was  watching  tiio  world  and  the 
world's  ways  and  fashioning  himself  to  the  best  possible  sphere  in 
its  realm  ;  near  the  close  of  his  life  this  remarkable,  yet  pitiful  entery, 
was  made:  '*  Physical  disability  must  soon  put  a  stoj)  to  this  diary.'' 
The  last  words  in  his  diary  were  written  to  his  sou,  Charles  Adams, 
January  1,  1818,  and  the  ring  of  the  good  njan  is  as  clear  as  all  his 
j)aHt  career  :  "  A  stout  heart,  a  clear  conscience,  and  never  despair." 
On  the  21st  of  February,  1818  he  was  attacked  with  paralysis,  in  the 
house  of  representatives,  was  taken  to  the  speaker's  chamber,  and 
died  two  days  afterwards. 

ANDREW  JACKSON. 

Seventh  President,  1829  to  1837. 

Andrew  Jackson  was  born  in  Washaw,  North  Carolina,  March 
15,  17(17.  His  parents  emigrated  from  Ireland  in  17G5.  .  At  an 
early  age  he  took  arms  against  the  British,  and  was  captured  in  1781 
and  imprisoned  at  Camden.  He  studied  law  and  graduated  before 
he  was  20  years  of  age,  and  in  1788  was  appointed  solicitor  or 
public  prosecutor  of  the  western  district  of  N.  C,  embracing  what 
is  now  the  State  of  Tennessee  :  and  when  the  same  w  as  formed  into 
a  territory,  he  was  elected  district  attorney.  He  was  one  of  the 
delegates  to  the  convention  at  Knoxville  in  January  11th,  1796,  to 
draft  the  constitution  for  the  Stale  of  Tennessee  ;  and  in  that  same 
year  was  chosen  to  rejireseut  the  new  state  in  U.  S.  Congress.  He 
belonged  to  the  republican  (afterwards  the  democratic  party),  then 
forming  under  the  leadership  of  Thomas  JefYerson.  lie  entered  the 
U.  S.  Senate  in  1707,  resigned  the  next  year,  and  was  appointed  a 
justice  of  the  Supreme  (^ourt  of  Tennessee.  He  resigned  his  judicial 
ottice   in    1804,   and  engaged   in   agriculture.       In    1800  he    killed 


nionnAi'niFR  OF  tj?f,  rnFsiDENTs.  Ilin 

C'liarlt'S  nickiiisuii  in  a  duel,  ami  was  IiimscH'  severely  \Mniii<le(l. 
.lacksoii,  ill  iHd")  and  lisoti  joined  with  Aaron  Miirr  in  an  allej,'ed  pre- 
paratioii  of  war  against  Spain;  he  hooii  discovereil  laek  of  lioiiesf 
zeal  in  Unrr's  patriotism,  and  immediately  reversed  his  footsteps, 
and  soii^dit  to  make  amends  and  allay  IiIh  union  with  liiirr  as  liest 
he  (!«)ul(l.  Ho  defeated  the  oMicers  of  the  law  in  their  attempt  to 
have  him  testify  at  IJiirr's  trial  in  liiehmond,  Ity  wiley  pretense,  of 
extreme  partisan  de<daratioiis.  In  I  sl:t  .laekson  headed  iheTeii- 
nesHee  militia  force  to  New  Orleans,  which,  hefore  reachini,',  lln'v 
were  ordered  to  dishand;  it  was  in  this  march  that  he  was  named 
"Old  Hickory."  lie  commaiided  several  military  corpse  in  the  Indian 
distiirliances  of  the  (;iirrent  year,  ami  l>iir).  Ife  was  also  sent  in 
(■oinnianil  of  the  troops  that  were  sent  to  defend  the  attack  of  the 
Kni,dish  ill  the  southwest.  Jackson's  Itrilliant  success  is  too  lenLjthy 
to  even  <,'ive  a  mere  ahstract  throutfhoiit  in  this  I.oiiisiana  caiii- 
paif,'ii.  In  islG  he  was  aujaiii  calkMl  into  service  against  the  uprising 
of  th(>  Seminoles,  and  it  was  here  that  Jackson  captured  Arliiithiiot 
a  Scotchman,  for  conspiring  to  excite  war  against  the  peace  cd"  the 
n.  S.,  and  had  him  court-inartiallcd  and  executed  ;  this  |irocee(l- 
ing  (M'cated  a  sensation,  and  caused  irritation  in  Knglaiid.  Monroe's 
cahiiietwas  divided  on  the  sultject,  and  vehement  dehates  arose,  and 
Jackson's  conduct  was  thought  to  he  uncalii'd  for,  especially  at  that 
tinu!  when  the  relations  with  Kngland  were  gradually  hecoming 
more  neighhorly  and  agreeahle.  In  IH-Jt  he  was  a  candidate  for 
president,  and  received  0!)  electoral  votes  from  the  democratitr  party, 
hut  as  the  house  ele(;ted  John  (^uincy  Adams,  he  was  di-featcd,  not 
hy  the  jieopic,  hut  by  the  representatives.  The  result  of  Adam's 
election  was  that  a  constant  political  camjiaign  was  kept  up  iluriiig 
the  whole  of  INIr.  Adam's  term  and  resulted  in  Jackson's  election  to 
the  jircsidency  in  IHl".).  The  contest  wao  one  of  the  most  unmerito- 
rious  and  unfair  that  over  existed  since  the  Iiidepemleiice  of  the  U. 
S.  A<lams  was  a  man  of  high  attainments,  of  honest,  zealous  ami 
l)atriotic  purposes,  while  Jackson,  for  all  his  valiant  and  soldiery  ac- 
tions were  valuable,  his  other  jmblic  and  private  condiuit  was  far 
from  being  as  unstained  as  his  adversary,  (^uiiu^y  Adams.  He  fought 
out  the  sweeping  out  of  ollice  all  the  aj)pointees  of  his  predecessor, 
and  forced  upon  the  country  a  most  vigorous  and  antagonistic  par- 
tisan ])olicy;  he  carried  into  effect  the  "bank  war."  Webster, 
('alhoiin  and  ("lay  proposed  a  vote  in  the  senate  condemning  his 
course,  and  it  was  carried  by  20  to  20,  but  the  house  of  representa- 
tives sustained  the  jiresideiit's  action,  and  afterwards,  and  near  the 
close  of  his  term,  in  ls;{7,  the  senate  withdrew  their  vote  of  censure. 
And  like  his  illustrious  predecessors,  .lackson  left  the  White  House 
to  spend  the  sunset  of  his  life  at  the  "  Hermitage,"  a  splendid  and 
productive  estate  near  Nashville, Tennessee,  which  he  cultivated  by 
having  loO  slaves.  A  complete  reformation  seemed  to  ripen  with 
his  silken  locks,  both  spiritually,  an<I  otherwise  ;  it  ])uz/.le<l  many  to 
see  the  dignitied  and  court-like  bearing  the  boy  that  was  born  in 
Waxliaw  wilds  actpiired;  he  was  asked  one  day  what  had  so  changed 

22 


340  READY  REFERENCE   MANUAL. 

liim  in  liis  (Mistoms  and  lifo;  liis  reply  was  "  I  asked  myself  how  shall 
a  man  l)e  at  peace  with  liis  maker?  and,  my  life  now  is  your  an- 
swer." Ife  had  joined  the  little  old  church  at  the  HermitaL^e,  in 
which  his  wife  had  worshipped,  and  which  he  had  at  one  time  built 
for  her  sake.  After  a  strug^de,  this  man  whose  nicknanii'  indicated 
what  he  was  supposed  to  be,  declared  he  for<fave  all  his  enemies  ; 
but  never  expressed  a  regret  for  the  acts  that  count  now  as  well  as 
then  the  most  against  his  history — the  spector  of  innocent  Arbuth- 
not  and  the  boyhood  follv  of  voun<r  Wood.  Jackson  asked  his 
divine  ]>astor  Dr.  Edgar,  one  day,  "  Doctor,  wiiat  wdl  posterity 
blame  me  mosr  for?"  The  Do(;tor''s  answer  was,  ^fr.  .Jackson  I  think 
they  will  blame  you  for  proscribing  people  for  o])inion's  sake."  Jle 
died  .Iiine  the  8th,  1845.  As  men  di-i|)uted  fiercely  over  his  acts 
and  aims  while  he  was  "Old  Hickory, "  men  adori'd  him  even  then 
wliili'  others  hated  with  oceans  of  hate;  so  it  is  now  over  his 
memory,  an  irreconcilalde  history.  But  to  be  just,  we  must  say  he  was 
mortal,  and  ))ossibly  upon  the  whole,  unfortunate.  In  a  iiis  field 
warfare  his  powerful  foes,  were  but  a  straw  t(*  Webster,  Calhoun 
and  Clay.     'I'hey  were  historical  Men-of-War. 

MARTIN  VAN  BUREN. 

Eighth  President,  18:?7  to  1841. 

iMartiu  Van  Buren  was  born  at  Kinderhook,  New  York,  Dec. 
B,  1782.  He  received  at  Kinderhook  the  best  available  common 
school  education,  and  at  the  age  of  14  entered  ujjon  the  study  of 
law;  lie  graduated  iu  1802,  and  during  the  next  year  opened  an 
oflice  in  his  native  town.  His  early  political  gleanings  were  all 
Jeffersonian,  as  he  was  the  idol  of  the  Democratic  party.  After 
six  years  of  law  practice  in  Jvinderhook,  he  removed  to  the  town  of 
Hudson.  In  this  shii'e  town  of  his  count}',  he  developed  into  a 
larger  professional  field,  and  matched  for  seven  yeais  the  gems  of 
the  profession,  and  won  a  wide  legal  reputation.  In  181.5  he  was 
elected  Attorney- Clencral  of  New  York,  and  from  that  time  for  20 
3'ears  lie  was  thci  recognized  leader  of  the  Democratic  party  iu  the 
'' Empire  "  Stale.  In  1821  he  war.  elected  United  States  Senator. 
In  182l)  lie  was  appointed  Secretary  of  State  in  Jackson's  adminis- 
tration. In  1831  he  was  appointed  minister  to  England,  but  the 
Senate  refused  to  ratify  his  nomination.  In  18152  h(>  was  elected 
Vice-President,  along  with  Jackson  as  President.  In  18157  he  was 
elected  President,  and  during  that  year  the  whole  country  shook 
under  a  liuancial  crisis,  by  the  banks  universally  suspending  specie 
pavnients.  The  President  called  an  extraordinary  session  of  Con- 
gress, and  in  his  message  advocated  the  adoption  of  tlie  "Inde- 
pendent Treasury  System,"  which  was  rejected,  l)ut  subscMjueiitly 
unanimously  adopted  by  Congress.  In  1840  he  v.as  again  the 
Democratic  nominee  for  President:  he  was  defeated  by  Gen. 
Harrison.  He  smiled  in  his  defeat  with  as  good  grace  as  when 
victory  perched  upon  his  banner,  and  upon  the  deplorable  death  of 


r.TOr.T^APHIES   OF   THE   I'nF.STDKNTS.  347 

the  president,  a  inontli  Inter,  l)ore  evidence  of  liis  Li<^h  appreciation 
of  tlie  country's  loss  l)y  taking,'  a  very  conspicnons  i>art  in  the 
funeral  obsec^uies  of  the  dead  president.  In  1841  he  accepted  the 
nomination  for  president,  but  his  alliance  with  the  Jackson  adminis- 
tration caused  his  defeat.  In  1848  he  was  the  nominee  of  the  Free 
Democracy,  and  once  more  def(^ated.  He  was  an  active  politician 
for  nearly  40  years.  He  was  foiei<^n  to  all  his  predecessors,  and  in 
fact  many  regai'diiis  })lac('  as  never  since  tilled,  as  a  shrewd  and  saga- 
cious party  leader.  The  present  Governor  Hill,  of  New  York, 
comes  as  near  his  counterpart  as  any  man.  Yet  INFr.  Hill  lacks  in 
the  tact  that  Yum  Burcn  dis])lay('d  in  reacliing  his  arms  around  the 
nation's  democracj-  and  gath(  ring  them  into  tlie  fold  ;  while  he 
accomplishes  pi<'tly  near  the  national  democracy,  by  nianaging New 
Y'ork,  lu:  fails  in  tin;  outposts.  He  died  at  his  beautiful  home  in 
Kinderhook,  in  N.  Y.,  at  the  ripe  age  of  eighty,  July  24,  1802. 


WILLIAM  HENRY  HARRISON, 

Ninth  President,     March  4,  1841,  to  April  4th,  1841. 

General  William  H.  Harrison  was  born  a  subject  of  King 
George  III,  at  Berkly,  Virginia,  Fel).  '■),  17715.  He  was  brought  up 
amiil  tlie  best  mo:  al  associations ;  was  sent  to  the  best  schools  of 
thetime  and  ])lac<\  and  laierenteied  Hampden.  Sidney  ('ollege,  from 
which  he  graduated  with  honor.  At  th<'  early  age  of  19  he  enlisted 
under  General  Wayne.  In  1795  ho  was  promoted  from  a  private  to 
a  captaincy,  and  deputed  to  a  station  at  Fort  Wasliiiigton  (the 
present  site  of  Cincinnati,  Ohio).  In  1801,  lie  was  appointed 
governor  of  the  Territoiy  of  Indiana  (comprising  what  now  consti- 
tutes the  great  states  of  Indiana,  Illinois.  Michigan  and  Wisconsin). 
H(!  was  sent  in  command  of  a  regiment  to  Fort  Tippecanoe,  in  1811, 
to  fight  the  warwhooji  redskins,  who  were  both  madly  wild  and 
savagely  triaclierous ;  but  he  soon  quelled  these  "bui'iiing, 
scalj)ing.  stealing,  phuidering  desperadoes,  with  the  assistance  of 
his  admirabh-  volunteers  ;  and  from  this  i\\e  nick  name,  '  Tijipecanoe 
Harrison.'"  He  was  elected  senator  of  Ohio  in  1824.  In  1828, 
under  the  appointment  of  (Juincy  A(hims,  he  was  sent  to  Columbia 
as  minister,  and  u])on  Jacksun's  election,  in  1829,  was  lecalled.  In 
18;5(]  he  opposed  Vv.  "\'an  Huren  for  President,  but  was  defeated. 
In  1840  he  again  contested  the  presidency  as  the  re])ublican  can- 
didate, and  if  the  American  continent  had  been  sinking  into  the 
bowels  of  the  earth,  tunuilt,  vclienuuice.  passion,  song,  parades  and 
emblems  could  not  be  brought  nioro  into  appeals  of  distress,  than 
this  new  blooded  I'epublican  party  had  adopted  to  secure  the  eleclion, 
to  defeat  the  party  that  for  twelve  years  controlled  the  mastery  of 
the  White  House.  It  Avas  achieved,  yes,  "  Tip])ecanoe  and  Tyler 
too."  But,  alas!  I  with  what  unforseen  events?  That  man  proposes 
but  a  Supreme  Power  disposers.  His  haTid  had  Imrely  giasped  the 
helm,  when  it  was  weakened  by  ^ineunioniii,  and  one  month  later 
relaxed  bj'  death,  April  4,  1841.     What  can  be  learned  of  the  man, 


.3  IS  IlKADY   REFERENCE  MANUAL. 

bears  abundfint  ovidenoo  that  his  administration  woiihl  have  been 
the  accomplishment  of  more  patriotism  and  less  partisanisni  than 
at  the  time  marked  the  policy  of  the  former  ^'overnment. 

JOHN    TYLER. 

Tenth    President,    1841    to    1815. 

Born  in  Virfjfinia  in  171)0.  Was  a  lawyer  by  profession.  Elected 
United  States  Senator  1S"J7.  He  was  a  free  trader.  1830  he  waf< 
the  \\h\ff  candidate  for  Vice-president,  but  was  defeated.  In  1810 
he  was  elected  Vice-president,  and  on  tlie  death  of  (Jen.  Harrison 
he  became  President.  He,  to  the  astonishment  of  the  Republicans, 
confirmed  Gen.  Harrison's  cabinet,  and  reconciled  L  s  Whig  friends 
by  an  inaugural  address.  He  expeiienced  much  opposition  by  his 
veto  of  the  "Fiscal  IJaidc  of  tli<!  United  Slates"  bill,  and  also  an 
amendment  of  it.  The  cabinet  resigned,  excepting  the  Secretary' 
of  State ;  he  tilled  the  vacancies,  but  thereby  caused  dillerences 
with  the  Secretary  of  State,  and  he  resigned.  Calhoun  was  ap- 
l)oint('d  to  the  vacancy.  Ajnong  the  few  successful  acts  of  his 
ailministration  was  the  ratification,  three  days  before  the  close  of 
his  term,  of  the  annexation  of  Texas.  He  had  a  very  fitful  expe- 
rience, and  it  apparei\tly  subdued  liis  desires  for  ]iolitics  until  about 
the  evening  of  his  life,  when  1j«!  joined  issue  with  the  (Confederate 
Congress,  and  at  the  time  of  his  death,  Jan.  17, 1862,  he  was  a  mem- 
ber of  their  (Jongress. 

JAMES    KNOX    POLK. 

Eleventh  President,  1845  to  1849. 

r>orn  in  Noi'th  Carolina,  Nov.  2,  1705.  A  lawyer  by  profession. 
He  was  elected  to  ('ongress  in  1825  :  chosen  speakei-  in  the  House 
of  Congress  1835  ;  elected  (Jovernor  of  Tennessee  in  1840.  In  1844 
he  was  nominated  as  Democratic,  candidate  for  Pr(!sident,  and 
elected  by  170  electorial  votes.  During  his  administiation  the  chief 
events  were: — the  ^^fexican  war;  adjustment  of  the  bouiidary  of 
Oregon  from  latifinle  54  to  40.  The  adoption  of  the  low  taritV  of 
1845:  amendmcmts  to  the  "  Independent  Treasury  System"  passed 
by  his  Democratic  predecessor.  Van  Buren,  by  which  tlie  revenues 
wer(^  collected  in  specie  without  the  ])Mnks  ;  the  creation  of  the 
Cabinet  Departinent  of  the  Interior  :  and  the  admission  of  Wiscon- 
sin into  the  Union.     He  died  June  1.5,   1840.  in  iiis  55th  year. 

ZAOHARY  TAYLOR. 

Twelfth    President,    March  4th,  1840,  to  July  9th,  1850. 

Born  in  Virginia,  1784.  He  entered  the  army  at  an  early  age 
and  attained  for  his  proliciencj  a  Captaincy  in  1810,  and  two  years 


15100 KAnilES   OF  TUL   I'KESIDENTS.  341) 

later  wiis  stationetl  at  Fort  Harrison  to  ilofoat  an  u prising  of  the 
Iiuliaiis  wliicb  was  very  successrully  accoiiiplisiuMl,  and  lie  received 
the  honor  of  being  promoted  to  the  rank  of  l.revet  Major.  (  The  lirst 
that  ever  was  granted  to  a  sohlier  in  the  United  States  service.) 
After  many  minor  services  in  military  cngagcmeuts,  he  was  ap- 
jiointed  Conjmander-in  fJhief,  in  Fhuida.  in  IS-I/)  ho  was  created 
General,  and  put  in  command  of  IjUOd  men  to  defend  the  Texan 
boundary  against  the  invasion  of  Arista  w  ith  (J,UOO  troops.  He 
after  considerable  lighting,  drove  back  the  Mexicans.  He  again  in 
the  same  year  with  (5,000  men  encountered  ^Monterey  with  10,000 
men  and  successfully  made  them  retreat.  In  1S48  he  was  the  AVhig 
candidate  for  President,  and  Millard  Fillmoie  foi  Vice-presi;Ient ; 
Cass  and  Butler  were  their  o])ponents ;  Taylor  and  I'illmore  were 
elected  by  KJIJ  to  1*27  votes.  In  his  message  lo  Congress  he  advo- 
cated the  admission  of  California,  and  other  nujasures  resi)ectiiig 
slavery  that  were  discordant  to  his  Southern  adherejits.  He  dit^l 
in  the  White  House  at  Washington  after  five  days  sickness  with 
bilious  f(iV(!r,  and  10  months  in  the  presidency,  on  July  1),  1850, 
in  the  77th  year  of  his  age. 

MILLARD    FILLMORE. 

Thirteenth  President,  July  9,  1850,  to  March  ;5,  185:5. 

J3oru  in  Cayuga,  N.  Y.,  January  7,  1800.  First  a  weaver,  then 
school  teacher  and  lastly  a  lawyer.  He  removed  to  Ikill'alo  and 
practised  law  until  1828 ;  he  was  elected  to  tiu^  State  Legislature 
as  the  candidate  of  the  Anti-Masonic  ])arty.  He  was  elected  for 
two  terms  to  Congress,  and  was  the  chief  framcr  of  the  '•  J'rote<',tive 
'J'ariiV"  of  1842.  He  was  an  abolitionist.  In  184'4  he  unsuccess- 
fully contested  the  Vice-presidrucy.  In  1818  he  was  chosen  Vice- 
president,  and  on  the  death  of  President  Taylor,  July,  lH50,  he 
suc(!eeded  to  the  Presidency.  He  signed  the  Fugitive  Slave  Hill 
and  lost  the  support  of  his  Northern  friends.  In  1S5G  he  was  the 
c;iudidate  of  tlie  American  party,  but  was  defecated  by  Bucannan. 
He  received  a  j)opidar  vote  of  874,  5:J4,  but  onlv  oneelectorial  vote. 
He  died  at  Buffalo,  N.  Y.,  INFarch  8,  1874,  in  his  75th  year. 

FRANKLIN  PIERCE. 

Fourteenth  President,  185:5  lo  1857. 

Franklin  Pierce  was  born  in  Hillsboro,  New  Ham])sliii-e,  Nov.  '2'.\, 
1804.  The  atmosphere  surrounding  young  Pierce  was  that  l)road, 
generous  and  patriotic  ideal  of  Thonias  Jellerson.  I'he  home  was 
amid  the  fields  of  a  New  England  farmstead.  The  lads  life  emei'ged 
from  such  a  home,  no  luxury,  no  jjoverty,  but  that  contentful  medi- 
um of  a  farm  homestead,  that  has  produced  many  of  the  truly  great 
men.  At  10,  he  entered  the  Bowdoin  College  ;  his  collegiate  career 
was  said  to  be  that  of  a  good  student  more  than  a  very  brilliant 


350  HEADY   KEFKUENCE   MANUAL. 

Hcholai'.  In  1824  ho  gnuluatt^d,  and  while  niakiuj,'  initiativis  steps 
to  iituily  law,  the  Hanie  of  a  Koldier's  lil'e  absorbed  his  atteiuit'ii,aiid 
he  espoused  the  soldier's  j^Mi'b ;  but  in  after  year;,  he  again  took  up 
the  law  profession  and  j,aaduated.  He  niauy  times  told  how  ho 
lost  his  lirst  ease  in  court,  with  a  seeming  humor  ,hat  showed  how 
hia  retrospei'tious  amused  him.  In  ISI^I  he  was  el  n-ted  to  the  State 
Legislature!.  In  18157  he  was  elected  to  the  Htate  Senate.  In  IH'A'ii 
elected  to  U.  S.  Congress — the  youngest  member  of  the  U.  S.  Con- 
gress since  or  before.  Young  l'ier(;e  was  a  polished  and  liueiit 
speaker,  and  soon  won  the  interest  of  the  chandler.  In  18;i7  he 
took  conmjand  of  the  regiments  that  went  to  cpiell  the  ^Mexican  iji- 
vaders,  and  after  varied,  striking  and  brilliant  engagements  at 
('ontreras  and  Cherubusco,  here  turned  to  the  Capitol  and  was  after- 
wards ai)pointed  attorney-general  in  President  Polk's  cabinet. 
Shortly  afterwards  he  was  created  brigadier-general,  and  sailed  with 
the  tro()])s  from  Newport,  JUiode  Island,  again  to  Mexico;  this  was 
May  27,  1847.  In  1850  he  presided  over  the  constitutional  conven- 
tion of  New  Hampshire.  In  1852  he  was  the  Democratic  nominee 
for  Fresid(Mit  of  the.  United  States,  and  was  elected  over  Gen.  Whi- 
lield  Scott  by  254  electoral  votes  to  43  for  Scott.  The  inqxn'taut 
events  of  his  administration  wer(s  the  dispute  over  the  ]\Iexicau 
boundary,  resulting  by  settlenKmtin  the  ac(piisition  of  Arizona;  an 
amicable  settlement  of  a  dispute  with  Great  Britain  over  the  lisher- 
ies  :  the  re{){>al  of  the  Missouri  compromise,  and  the  organization  of 
the  territories  of  Kansas  and  Nebraska;  the  reciprocity  treaty  with 
Canada;  the  treaty  with  Jai)an.  On  January  24.  1S5G,  President 
Pierce  sent  a  njessage  to  Congress  in  whicli  he  ciiaracterized  the 
free  state  govei'nment  in  Kansas  as  an  act  of  rebellion,  and  justilied 
the  princij)les  of  the  Kansas  Nebraska  Act.  In  Nat.  Hawthorn's 
sk<!tch  of  his  life  and  public  acts.  h(!  is  termed  "  a  Northern  man 
with  Southern  ])rinci]>les  ;  "  doiditlessly  he  was  a  pro-shivery  Ijeliev- 
er,  but  so  was  William  E.  Gladstone.  A  good  man  must  be  a  gt)od 
reformer.  AVe  think  .Air.  Pierce  was  at  heait  and  head  this.  He 
died  October  8,  180'.),  at  Concord,  New  Hampshire. 

JAMES  BUCHANNAN. 

rifteeuth  President,  1857  to  ISCl. 

James  JUichanuan  lirst  saw  the  light  in  that  grand  old  common- 
wealth of  William  Penn's,  Peimsylvauia.  at  a  ])liice  known  by  its 
homely  n'.un(\  calhd  Stony  Batter,  April  2:5,  1791.  Buchannan's 
surroundings  were  rustic  as  the  hills  of  the  old  vUleghanies  that 
overshadowed  his  native  village,  with  th(!  gi'and  exception  of  a  very 
superior  father  jind  mother.  His  ]jarents,  to  the  apparent  disgust 
of  the  ignorant  associations,  kept  the  boy  at  school,  and  at  the  age 
of  14  years  entered  him  at  Dickinson  College  His  studies  were 
marked  by  uncounnon  application,  ami  he  graduated  at  the  head  of 
the  list  four  years  afterwards.  At  18  he  commenced  the  study  of 
law,  and  at  21  was  adnutted  to  the  bar.     This  was  the  year  1812, 


I5IOGRArHIE8   OF  THE    PRESIDENTS.  351 

and  lit  that  tiiuo  politiciB  ami  suldicrs  seeiiiod  to  caiiipose  the  high- 
c'Ht  attaiiJiuents  of  liuowledge,  aud  young  Buehaiiaaii,  with  a  stroug 
aiubitioii  and  a  vigorous  will,  wan  inllamed,  aud  ho  ouli.sti.'d  as  a  sol- 
dier ;  but  Hubsu(|ueutly  returned  to  the  practice  of  his  profession. 
He  was  then  returned  to  the  State  Legishiture.  In  1821  he  was 
elected  to  Congress,  a  seat  be  retained  for  t(ii  years.  A  quotation 
from  his  early  speeches  runs  as  follows:  "If  I  know  myself  I  am 
a  politician  neither  of  the  East  nor  of  the  West,  of  the  North  nor  of 
the  South.  I  therefore  shall  avoid  any  expresions,  the  direct  ten- 
dency of  which  nuist  \h)  to  create  sectional  jealousies,  and  at  length 
disunion,  that  worst  and  last  of  all  political  calamities."'  In  1831  ho 
was  iippointed  minister  to  llussia,  and  was  instrumental  in  negoti- 
ating tlie  iirst  treaty  between  that  country  and  the  United  States. 
In  18.'{;5  he  returned  to  the  United  States  Senate,  and  was  elected 
chairnian  of  foreign  all'airs.  In  IS-l.')  Jie  was  appointful  Secretary  of 
State  in  President  Polk's  Cabinet.  In  the  Senate  he  always  main- 
tained that  Congiess  had  no  right  or  power  under  the  United  States 
Constitution  to  legislate  on  slavery.  At  the  close  of  President 
Polk's  adininistiation,  he  retired  fr(jm  politics  to  the  practice  of  his 
profession.  In  1853  he  again  was  ai)pointed  minister  to  England. 
In  1856  he  was  nominated  by  the  Democrats  as  their  candidate  fo'r 
President,  and  at  last,  the  verdant  lad  of  "  Stony  Batter '"  received, 
after  a  life  of  various  ups  and  downs,  the  nation's  highest  gift,  by 
being  elected  president,  over  Fremont  and  Filmore.  It  was  early  to 
be  seen,  with  all  his  Southern  alliliations.  that  3Ir.  Buchaunau  did 
not  ](;nd  anj-  countenance  towards  the  destruction  of  tluj  l^niou. 
The  chess  upon  the  nation's  board  were  badly  mixed,  and  it  was  de- 
s[)aired  that  ho  would  lose  the  game,  but  critics  are  many  times 
good  watchers  but  bad  thinkers.  His  cabinet  became  unmana<j;cable; 
the  President,  as  at  all  times  previous,  maintained  that  the  Federal 
government  had  no  authority  to  coerce  the  seceding  states ;  he 
maintained  for  the  peace  of  the  country  to  reconcile  these  rebellious 
states  by  money  payments  and  other  grants,  or  to  let  them  peace- 
al)lv  go.  Harper's  Ferry  troubles,  the  Kausiis-Mormon  uprisings, 
and  the  refusiil  of  South  Carolina  to  obey  the  Federal  authority,  all 
came  in  u])oii  him,  and  although  he  dispatched  troops  to  (juell  the 
I'esurrectionists  in  South  Carolina,  he  refused  to  order  their  with- 
drawal or  to  reinforce  them.  He  closed  his  administiation  at  last 
in  calamity,  aud  gloom  waving  its  omnious  clouds  over  the  other- 
wise awakeniuLf  land  of  i)ros])erity.  His  pusillanimous  course  can 
well  be  excused  if  the  cost  of  the  fatal  war  could  have  been  averted, 
and  that  was  his  sincere  motive,  by  the  payment  of  the  money  with- 
out the  d(!vastation  of  life  and  the  agony  of  life-long  grief  sustained 
along  with  it  ;  that  su<!li  was  his  motive  wv.  are  as  just  to  think,  if 
not  more  than  to  disbelieve.  He  died  at  Wheatland,  June  1,  18(58, 
leaving  no  widow  or  children,  as  he  never  was  married. 


352  REAUy  REFEllENCE   MANUAL. 

ABRAHAM  LINCOLN. 

Sixtceuth  Presideut,  1861  to  April  14,  18G5. 

Boru  at  Laurie,   Keutucky,   February  12,  1809,  of  Viry;iniau 
dencont ;  iu   1810  the  family  moved  to  Indiana  aud  wettled  ou  u 
farm.     Abraham  worked  "  farmer-boy  like  "   at  all  sorts   uf   labor, 
aud  it  might  be  said  to  the  entire  neglect  of  his  education.     He 
grew  up  with  great  muscular  strength,  and  was  noted  as  a  skillful 
wrestler ;  he  was  six  feet  four  inches  in  height.     In  1830  the  family 
again   moved   to  Decatur,  Illinois ;  about  this    time  Lincoln  went 
down  South  on  a  river  boat  to  New  Orleans,  aud  witnessed  for  the 
first  time  the  treatment  of  slaves.     On  his   return   to   Illinois  in 
183.i,  he  formed  a  volunteer  com])any,  known  as  the  "Independent 
Soy  Company  ;  "  he  was  chosen  its  captain.     He  was  a  candidate 
for  the  State  Legislature   soon    after,  but   met  defeat.     His  next 
venture  was  in  embarking  in  the  mercantile  business  in  cr.-purtuer- 
sbip ;  his  partner  proved  to  be  a  very  bad  one  in  many  respects, 
and  their   trade  was  that  of   a  country  store,  consecjuently  failed, 
and  was  forced  into  bankruptcy.     This  bu.siness  adversity  at  that 
particular   time   taxed    his    ability  more   than    the    rosjjonsibility 
of  the  Pi'esidency  of  the  United  States,  with  its  most  stormy  polit- 
ical aud  belligerent  cares,  apparently  did  afterwards.     He  then  en- 
tered upon  the  study  of  surveying,  but  renewed  misfortunes  still 
followed  him,  and  his  surveying  instruments  wore  seized  and  sold 
for  his  old  store  debts.     Penniless  he  turned  his  attention  to  law, 
and  like  the  June  grass  absorbing  the  dew,  he  soon  made  progress 
in  the  profession,  and  graduated  within  three  years;  he  commenced 
his  practice  in  Springfield  iu  the  spring  of  1837,  and  soon  gained 
a  very  lucrative  patronage  v/hich  enabled  him  to  redeem  every  obliga- 
tion he  owed  with  interest  in  full.     In  1840  he  was  a  candidate  for 
the  State  Legislature,  and  was  elected  ;  it  was  in  this  campaign 
that  he  foreshadowed  the  Lincoln  of  18(51.     In   184(!  he  was  re- 
turned to  Confjrcss,  and  soon  made  very  severe  opposition  to  Presi- 
deut Polk.     He  voted  for  anti-slavery  petitions,  for  inquiries  into 
the  constitutionality  of  the  slave  traffic,  and  zealously  appealed  to 
Congress  antl  the  people  in  behalf  of  the  "  poor  slave,"  and  its  ab 
solute  abolition ;  he  advocated  a  remuneration  to  slave-owners  in 
lieu    therefor.     His  following   was   neither   large  nor  enthusiastic, 
which  crushed  his  ambition  and  philanthropy  so  sorely  that  it  caused 
hini  to  abandon  jiublic  life  for  a  time,  by  not  seeking  reelection  to 
Congress.     In  1858  he  was  again  induced  to  lekindle  his  eltbrts  to 
abolish  slavery  by  becoming  a  candidate  for  the  senatorship,  and 
was   pitted   against   his  formidable  adversary,  Douglass.     During 
this  campaign  he  made  the  speech  known  as  the   "  House  divided- 
against-itself-speech,"  so  called  from  the  words  of  Lincoln,  as  fol- 
lows:    "This  house  cannot  remain  half  slave  and  half  free  ;  I  do 
not  expect  the  Union   to  be  dissolved,  but  I  do  expect  it  will  cease 
to  be  divided."     Douglass  with  his  sarcasm  and  unmanly  attacks 
against  him  for  his  early  poverty  and  occupations,  was  very  trying 
to  Lincoln,  but  his  natural  well-balanced  sense  and  tact  cast  them 


IJIUGRArHIES   OF  THE   PIIESIUENTH.  o53 

oft'  by  good  bumorotl  retorts;  the  cloctioa  whs,  however,   lost  by 
Lincoln  ;  it  was  a   ccnciucst  for   Douglass  won    by  stratagems  of 
questionable  honor,  apart  irom  the  popular  vote.     In   IHfJO  the  Ke- 
publican  national  convention  met  at  Chicago;  r.niCL.;'  tlu    marked 
clauses  of  their  platform  adopted,  was  the  foil   'viii^^.     "  We  deny 
the  authority  of  Congress  or  of  a  territorial  legislative  body  or  any 
individuals  to  give  legal  existence  to  slavery,  in  any  territory  of  the 
United  States."     William  H.  Seward  and  Abialunu  Lincoln  were 
nominated  lor  the  presidency,  and  upon  the  third  biiHot,  Lincoln 
was  declared  elected.     Breckeuridge  was  the  presidcMtial  nominee 
of  the  Democrats,  and  Bell  and  Douglass  also  entered  the  contest 
under  other  party  Hags.     The  election   resulted  in  the  following 
electoral    vote:      Lincoln,    180;  Breckeuridge,    72;  Bell,  3'J ;  and 
Douglass,    12.      Before    his    inauguration   seven    States   formally 
seceded  from  the  Union,  and  there  was  danger  that  seven  otlun-s 
would    soon    follow,    ;ind    four  which    did.     He    was    inaugurated 
IMareh  4,  and   delivered  a  powerful  address,  in  which  he  said:     "I 
hold  that  in  contempliition  of  universal  l;iw  and  of  the  constitution 
the  union  of  these  States  is  perpetujil  '"  '"  *  the  power  eouiided  to 
nie  will    be    used   to    holtl,  occupy,  and   possess    the  property  iind 
places  belonging  to  the  government,  and   to  collect   the  duties  ;ind 
imposts;  but    beyond    what    niiiy   be    necessary  for   these    ()l)jects, 
there  will  be  no  invasion.  *  *  *   In  your  luimls  my  diss:itis1ied  fel- 
low countrymen,  and  not  in  mine,  is  the  momentous  issut'  of  civil 
war."     During  the   preceding  administration    large  cpiaiitities  of 
;irms  and  :immunition  had  been  removed  from  the  national  arseti;ds 
in  the  North   to  those   in  the  South;  the  army,  only  1(),()0()  strong, 
had  been  sent  to  remote  parts  of  the  country;  the  navy  had  been 
scattered  to  distant  seas;  the   treasury'  was  emj)ty.     On    March  10, 
Forsyth    and    Crawford,  as   "  commissioners  from    a   government 
composed  of  seven  States  which  had  withdniwn  from  the  Union," 
signiiied  their  desire  to  enter  upon  negotiations  for  the  adjustment 
of  (piestioiis  growing  out  of   the  sepanition;  but   the   Secretary  of 
State,  Mr.  Seward,  by  direction   of    the    president,   declined    to  n'- 
ceive  them,  iis   "  it  could  not  be   ;idmitte(l  that  the   States    referred 
to  had,  in  law  or   fact,  withdrawn  from   the  federal   Union,  or  thiit 
they  could  do  so  in  any  other  manner  than  with   the  consent  and 
concert  of  the  people  of   the  United  States,  to  be   given  through  a 
natiniijil    convention."     The   delivery   of  this   comnnmication   wiis 
withheld,  by  consent  of  the  commissioners,  until    Aj)ril    H,  when  it 
Wiis  speedily  followed  by  the  bond)ardment  of  Fort  Sumter,  which 
]»reeipitated   the  civil  w;ir.     On  April  1-5,  President  Lincoln   e;dled 
out  tlie  militia  of  the  several  States,  to   the   inunber  of   TT), (>()();  on 
the  10th  he  ))rocIaimed  a  blockiide  of  the  ports  in   all   the   seceded 
States;    on   May    ;?,  he  called  out  42,000,  three-years  volunteers. 
An  extra  session  of   Congress  was  called   to   meet  July  4.      On  ac- 
count of  the  secession  of  the  Southern  St;ites   the  Jiepublicans   had 
a  large  majority  in  each   house.     Congress  promptly  passed   bills 
authorizing  the    President   to  accept  500,000   volunteers,  and  the 
placing  of  a  loan  at  the  disposal  of  the  government  of  $500,000,000. 


354  UKADY   ItEl'KJfENCK   MANUAL. 

'l'li((  I'rcsidi'rit  li.ul  siisjii'iMlcd  \\\v  wvh  of /lahcds  ■  rpim  on  i\f;iy  ;i, 
iiiiiii  order  uddrcsst'il  to  tlic  coiiimaiidi'r  of  tlii'  fore  -on  tlic  l''lori(l;i 
(•oust.  On  iIk'  liTtli  of  llic  sanu'  nionlli,  (l<'n,  ('  idwcller,  licinj^ 
aiilliori/cd  by  tlio  INvsident  rcfiiscd  to  obi'3'  a  writ  sHiu-d  \>y  ("liiid" 
.Iiistice  'rancy  for  tlic  release  of  a  .Maryland  secessi'  list  iinjirisoned 
in  Foil  Mclleiiry.  Tlio  eliief  jiistiee  then  read  an  i  |iinioii  that  the 
President  eoiild  not  sii.spend  the  writ,  and  most  <  <i'  the  joMriiiils 
opposed  the  administration  violently;  whereupon  some  of  them 
were  refnsed  admission  to  the  mails,  and  at  the  san  e  time  restric- 
tions were  jilaced  on  the  tek'nniph  for  the  use  of  llie  i)ress.  To 
]irevent  the  border  St;ites  from  joiniit,!?  the  eoid'e'leraey  was  tli(! 
most  diflieult  p(jrtion  of  the  President's  task,  and  i;i  pursuance  of 
this  object  he  steadily  refused  ajijieals  for  a  general  emancipation. 
On  Alii;.  L'li,  ISU"-',  in  re|)ly  to  an  open  letter  addro^ed  to  him  by 
Horace  (irreeley,  JMr.  Jiincoln  wrote:  "My  paramou  itobject  is  to 
save  the  Union,  and  not  either  to  save  or  destroy  slavery.  If  I 
(ronid  save  the  Lrnion  without  freeing'  any  slave,  I  W(»uld  do  it;  and 
if  I  could  do  it  by  freeing  all  tiie  slaves,  I  would  (b>  it;  and  if  I 
could  .;)  it  by  freeint;  some  and  leaviuL;-  others  alone,  1  would  also 
do  that."  However,  it  was  not  a  month  from  the  writini;  this  let- 
ter to  fJreeley,  his  hand  sit,'ned  a  declaration  to  come  into  effect 
January  1,  iS(;:i,  that  the  slaves  in  all  the  states  or  parts  of  states 
which  should  then  be  in  rebellion,  would  be  proclaimed  fi'co.  'i'lie 
battle  of  Gettysburg,  July  ]-:i,  18(i:{,  was  the  straw  or  the  cannon 
that  dismayed  the  Confetlerate  troo|)S,  and  Lrradiially  they  became 
demoralizeil  and  disheartened.  Concurrently  with  the  civil  war, 
IMexico  was  causin[>'  troubk — the  French  government  reciuesting 
the  Uinted  States  to  recoifui/e  ^Nlaximillian  in  Mexico.  The  national 
convention  at  its  assi'mbly,  .luly  s,  isOt,  renominated  Mi".  Lincoln 
as  the  Hepublican  candiibite,  and  Andri'W  Johnson  for  Vice-])re8i- 
deiit.  The  ])latform  ap])roved  "the  determination  of  the  govern- 
ment of  the  L'nited  States  not  to  coiiijiromise  with  rebels,  nor  to 
offer  any  terms  of  |)eace  except  such  as  may  Ite  based  upon  an  un- 
conditional surreiicler,"  and  recommended  the  complete  abolition 
of  slavery  throughout  the  United  States  by  constitutional  amend- 
ment. The  Democratic  convention,  held  August  '2'.),  nominated 
Gen.  McClellan  for  President.  That  party  adopted  the  following 
plank  in  their  )>latform:  "That  this  convention  does  explicitly 
declare,  as  the  sense  of  the  American  peo))le,  that,  after  four  years' 
of  failure  to  restore  the  Liiiion  by  the  experiment  of  war,  during 
whicli,  under  tlie  pretence  of  a  military  necessity,  of  a  war  jtower 
biglier  than  the  coustit iition,  the  constitution  itself  lias  been  dis- 
regarded ill  every  part,  and  publii;  liberty  and  private  rights  alike 
trodden  down,  ami  the  nmterial  prosperity  of  tlie  country  essen- 
tially impaired,  justice,  humanity,  liberty,  and  the  public  welfare 
demand  tliat  immediate  t'fforls  be  made  for  a  cessation  of  hostili- 
ties, witii  a  view  to  an  ultimate  convention  of  all  the  States,  or 
other  peaceable  means  to  tlie  end  that  at  the  earliest  ])racticable 
moment,  jieace  may  be  restored  on  the  basis  of  the  federal  union  of 
the  States."     The    issue    thus  squarely  presented  was  maintained 


niOGUArillES   OF  THE   rilKSIDKNTS.  355 

tlin>u<^lu)iit  tlif  cHiivaHs,  :iii<l  tlic  I'lt'cticiri  was  lodkcil  for  a  |M»|nilur 
vrnlu;!,  wlictliir  the  war  would   l»o  contimii'il   or  not.     'I'lic  contest 
ri'Siilti'd  in    Ijncoln  obtainini;   \>y  the  populai- vote,  -J/J  1  .S,*')!!,")  votes 
and  (Jen.  McCU-Ilan  I, sol', 2:! 7.    On    February  ;i,  rresidciit  l/incoln 
and     Secretary    Seward     held    a    conference    witii    Alexander    II. 
Stephens,   U.    M.    Ifiinter   and    J.  A.   ("arnpltell,  on    a    Ljunhoat    in 
Ilanipton   Jtoads,  hiiL   no   result  was    reached.     Mr.  Lincoln,  in    his 
sect)nd-t«'rni    inauu;ural  address,  closed   with  the  now  famous  pas- 
sa<;i':     "  With  malice  toward  none,  with  charity  for  .all,  with  lirm- 
ness  in  the  right  as  (Jod  ^\vus  us  to  see  tlie  right,  let   us  linish  the 
work  we  aru  in,  to  bind  up  tiic  nation's  wounds,  to  cure  for  him 
who    shall    liave    l)oriio   the    i)attle,    and    for    his    widow    and    his 
oi'phans,  to  do  all   that  may  achieve  and  chi'rish  a   just  and   lasting 
peace   among  ourselves   and  with  all   nations."     On  the  day  after 
the  I'vacuatiftu  of  Jlichmond,  tlu'  Presidi-nt  entered  it,  accompanied 
only  by  his  son   and   Admiral    Porter  and   a  few  sailors.     The  tall 
man,  with   a  sad,   kindly  furrowed  face,  w.is  seen    moving  on  foot 
through  the  streets,  leading  his  young  son  by  the   hund.      Antund 
him    grateful    colored    people    ])resse(i,  shouting  and  sobbing  and 
hailing   him  jis   their  liberator.     All  he  could  do  w:is  to  take  oil'  his 
hat  and  reverently  bow;  he  could  not  speak;   the   great   soul  lilled 
liis  eyes  with  anguish  and  his  tongue  witii  silence.     'I'hat  hour  was 
the  triumjdi  of  the  innermiin   that  lived  within   him  from   his  first 
trip  to  New  Orleans.     Did  he   count  the  cost  of    his   lifelong   hanl- 
shi|)S  as  too  great  a  price  to  pay  for  the  casting  off  of   the  chains 
from  these  poor  slaves?     No,  the   work    was  (b)ne   and    Abraham 
Lincidn  was   glorified.     Less   than   two  weeks   afterward,  on  Api'il 
14,  tlie  tired  President,  at  the  solicitation  of  ]\Irs.  Lincoln,  attended 
Ford's  theatre,  to   rest  his  mind  from  the  strain  it  had  undergone 
for    over    four    year.s,   accompanied    by    JNIrs.    I/mcoln    and   a   few 
friends.     A  few  minutes   past  ten   o'clock,  an  obscure  actor,  John 
Wilkes   liootli,  entered   the   box,   having   first  barred   th(^   passage 
leading  to  it,  approached  Lincoln  from  behimJ,  placed  a  pistol  close 
to  his   head,  and  fired;   he  then   leaped  from  the   front  of   the  box 
upon  the  stage,  brandishing  a  dagger,  shouted  "  /Sic  settiper  tyraii- 
?ns  /     The  South  avenged  !"  disappeared  behind  the  scenes,  passed 
out  of  the  stage  door,  and  escaj)ed.     The    President   was   removed 
to  a  ])rivate  house  on  the  op])()site  side  of  the  street,  where  he  died 
in  about  ten  hours  afterwards.     At  the  same  hour  the  President 
was  shot,  Secretary  Seward  was  attacked  in  his  private  house,  and 
it  iiecame  known  that  an   elaborate  plot  had  been    formed  for  mur- 
dering simultaneously  nearly  all    the   chief   oflicers  of  tlie   govern- 
ment.     i'\)r  tins   plot   eight  persons  were    tried  by  a   military  com- 
mission, and  four  of  them  (including  a  wmnan),  wer<'  execiuted  and 
the  remainder  sentenced  to  hard  labor  for  life;  one  died    there,  tlie 
remaining  thi'ee  were  ]»ardoned  by  the  successor  to   liitu-oln.  Presi- 
dent Johnson.      Lincoln's  remains  were  buried  at  Oak  Itidge  cem- 
etery near  Sjiringtield,  III.,   where   an   elaborate   tomb  surmounted 
bv  a  statute  of  hincoln,  an  obelisk,  and  four  svmbolical  liifures.      A 
colossal  bronze  statue,  erected  by  contributions  of  colored   people, 


350  HEADY   IlEl'ERENCE  MANUAL. 

wiis  iiiivfilf(|  ill  I/uicolii  I'iirk,  WiisliiiiLftoii,  in  ls70.  Wn  cannot 
refrain  a»ltlin<^  to  tliiH  Hl^itch  of  a  man's  lift.',  that  wi;  iiavc  loved 
with  flic  \vli(»!c:  of  civilization,  tlic  jilaiidit: 

"  JjJNt's  ol'  ;;rc;il   IIICM,  all  Icliiillil  ll.s 
We  ciiii  iiiiikc  <iiir  li\('>,  NiiMiiiic, 
And  (Irpiirtinn  leave  lieliiml  lis 
l''(H)l-|)riiits  un  the  sands  ol'  time." 

ANDREW  JOHNSON, 

Sfveiitecutli   President, — April  15tli,  ison,  to  JManli  Itli,  Inou. 

Andrew  .lonlisoii,  the  "  twisly-willed  president,"  was  born  at 
Ilaleiifh,  North  Carolina,  Decendier  '_".),  isos.  His  early  life  was 
that  which  may  he  called  shadeil  from  fortniie  in  almost  evi-ry  way. 
I'overty  and  iirjihanaj^e  in  a  dei^ree,  that  can  well  heinia^'ined  when 
he  was  sixteen  years  of  ay^e,  and  did  not  know  the  letters  of  the. 
Knylish  alphahet.  lie  learned  the  tailors  trade  and  at  a  very  I'arly 
;i<rv  married  a  wry  attractivi'  i,nrl,  whose  education  was  in  every 
respect  sujjerior  to  his  own.  With  a  true  woman's  devotion  and 
pride  she  set  about  teaciiini;'  him,  while  he  worki'd  at  his  trade  in 
his  own  home  in  tlu'  eveniiiL^s,  lly  this  means  he  ac(piiied  tlu' 
rudiments  of  an  education,  whi(Oi  his  mind  t^ripped  never  to  let  go. 
INIany  times  marriau^e  works  (|ueer  freaks,  sometimes  happiness  and 
(d'ten  the  reverse;  but  in  .lohnsoii's  (!ase  it  was  the  foundation  of 
all  his  greatness,  the  bei;inninnand  the  end  of  his  sweetness  of  life; 
in  his  unhappy  public,  conllicts,  that  true  woman  at  home  was  the 
Ol  y  living-  balm  of  i^ilead,  that  could  calm  <lown  with  the  wi'i_L,ditof 
a  hair  the  rollint;-  billows  of  bis  stubltorn  will.  At  the  at^e  of  '22  he 
was  elected  alderman  of  Gn-enville,  J  lis  early  speeches  were  tiery, 
punj^ent  and  convincinLf.  lie  invested  every  word  with  that  force 
of  cluiracter  that  c(uild  only  heat  the  words,  to  the  power  of  which 
he  possessed  over  men,  in  his  own  jteculiar  style.  In  is,'!.")  lie  was 
elected  to  the  Htate  Lei;islatun',  and  to  II.  S.  Compress  in  It^liJ.  He 
was  elected  ,<^overii(.)r  of  Tennessee  in  isf);!.  Klettled  to  the  IT.  S. 
Senate  in  1857.  He  manifested  strong  sympathy  with  hisSoutliern 
friends;  but  never  rela.xed  his  su]iport  of  the  Union.  lie  was  in 
favor  of  the  ])olicy  of  allowing  each  State  to  make  their  own  laws, 
regulating  the  slave  traile.  In  the  presidential  election  of  ISOO  he 
supported  IJrekenridge  against  Lincoln;  but  in  all  his  speeches  he 
gave  expression  to  strong  union  princi])Ies;  thereby  destroying  the 
friendship  of  the  South  and  building  n\>  a  new  frindsliip  in  the 
North.  About  this  time  his  State  (Tennessee)  had  seceded,  and  so 
violent  were  his  old  supjxirters  over  his  llnion  speeches  that  on  liis 
return  to  Tennessee  lie  found  the  terrible  jiassions  and  frenzy  of  the 
j)eople  had  been  let  loose.  He  was  burnecl  iIlel^igy;  bis  invalid  wife 
and  child  di'iven  out  of  their  home  as  fugatives,  his  house  sacked 
and  burned.  J>ut  the  iron-minded  man  was  not  to  be  coiwpiered  in 
that  way;  he  renewed  his  battle-cries,  though  every  volley  goaded 
f,hese  mad  people  into  fresh  indignation;  but  his  courageous  and 


liFOnnAPFIIEH   OF   THE   PRESIDENTS.  357 

almost  f<'arlf'f<»  r-lmrarfcr,  disinayod  tlicso  rclu'llioiis  poopli'  into  par- 
tial siilMiiis.sioii,  wli*-nii|ioii  I'nsiilcut  Lincoln  a|i|M)int('i|  liiin  milita- 
ry (iovcrnor  of  'rMims.st'c;  lie,  tliroiii^li   liis   iinpt'tuous  ailvoiracy  <»f 
T^niori,  suc(;««'<li-i|   in  Ht'ciirin<^  tlic   t^rcatxT  portion  of  tin-  Statr  into 
aiU'f^iancc  to  tin;  I'nion    i,'nv»'rnnu'nt.     In  isiu  Ik- canu' out  an  nn- 
coniproniit^in'^  supporter  of  tlic  Union  ainl  was  nominated  as  \'ice- 
I'resident  aloii;j  with  Ijncuiln   at  tlie  National    Convention    held   at 
Chieaf^o.     Six  weeks  after  takini;  oilice  the  direful  assassination  of 
laneoin  iislmred  him  ititn  the  chief  ollice  of  the  then  despairin<,',  i;riev- 
ini;    and    frenzied   natifni.     The   air   of    the    whole    North    seemed 
blackened    in     infMirnin<j.     The     day     of     his     inautj^uration,    was 
certairdy  the  sadest  day  that    ever  dawned  n\u)u  the  Ifnitetl  States. 
'J'he  South  dreaded  him  with  fear,  as  he  talked  of  "  punishin;^  trea- 
Hon  and  hanjriiiix  traitors."     The  North  while  believinj^  him  a  <^oo<l 
solid  mate  to  IJneoln,  feared  that  without  Lincoln's  moderate  for- 
^iviuLj  counsel  he   wr»uld  d(>al    out    it;    vindictive,    remorsless    ven- 
gemte  his   ruh-  over  the  South,  w  hich  was   not  in  accord  with  their 
plan  of  closing;  the  painfid  wai-.      Karly  in  his  a<lministration  he  of- 
fered a  reward  for  .JelTersou  Davis  of  $1  ()(),()()();  hut  his  every  move 
after  that  seenK-d  to  l»e  tjivini,'  away  the  j^ame  to  his  old  friends  in 
the  South.     This  put  his   cahinet  into  confusion,  aiid  feuds  and  de- 
ception sorin  envelr»perl  the  whole   administration.      He   proclaime<l 
a  partial  amnesty  to  all    secessionists,  that  would  rem w   their  oath 
to  the  r.  S.     II«"  vetoed  the  "  Civil  Rights  Hill"  which  was  an  Act 
to   exteml  the   freemen's  bureau;  but  Coni^ress    passed  it  over  his 
veto.     Coni,'ress  passeil  an  Act  formin<f  the  seceded  States  into  live 
districts,  to  be  known  as  military  districts,   which  were  to  be  under 
an  t'xc'cutivf  military  <^overnor  and   subject  to  martial  laws;  this 
bill  he  vetoed  witba  most  vehement  comlemnation,  as  an  unconsti- 
tutional and  cruid  device.      I  Jut   the  House  j)assed  it  over  his   veti». 
The  Presi  .cut   advised    w  itii  Attorney-Cieneral    Stanford  as  to  the 
h'lraiity  of  this  Act,  whose   veidi(;t  was   i;onsidereil  ])y  the  cabinet, 
anrl  it  was  ;iure«-d  to  procdaim  its  nulillcation  u|)oi\  unconstitutional 
ijrounds;  Secretary  of  war,  Mr.  Stanton,  alone  dissent inuj.   In  July 
afterwards,   ('on;^ress  passed  an   explanatory  Act,  settinij   out   that 
the  authority  of  the  military   (loveniors  over   these  live   districits 
was  under  the  perot^ative  of  the  Commander-in-Chief  and  (General 
of   the  I.'.  S.  Army.     This    was  vetoed  and  passed   over   the    veto. 
He  then  dismissed  Secn-tary  Stanton,  and  appointed  (Jcneral  (iraiit 
ad  hiterim.    Mr.  Staiitmi  siibmittecl  undei-  ])rotest,  denyini^  the  riu;ht 
of  the  l*resi<lent  to  remove  him  under  the  tentire-of-otlice  Act  then 
in  force.  On  Aui(iist:i(),  the  President  issui'd  a  proclamation  declar- 
in<4'  th.-it  jieace,  order,  and  civil  authority  existed  once  more  through- 
out the  I'ldt^'d  States.    On  Sept.  7th  he  declared  an  amnesty  which 
rcdioved  all  the  white  inhabitants  of  the  seceding  States  from  liabil- 
ty  to  confiscation  of  their  property,  and  restored  to  them  the  rii^ht 
of  suffrage.      When  ('onifress  assembled  in  December,  they  nd'used 
to  sanction  the  removal  of  Secretary  Stanton;  whereupon  General 
Grant    immediately  resitjneil  his  ollice  into  the  hands  of  Secretary 
Stanton.     On  Kebriiary  -'fst,  Mr.  Stanton  was  again  notitied  by  the 


358  READY   REFERENCE  MANUAL. 

ProHidctit  of  liiN  removal,  and  tlic  appointment  of  Cleneral  Tliomas 
as  Secretary  <i(t  interim.  The  Senate  paHsecl  a  resolution  deciaiint; 
the  rresi(h'nt  had  no  authority  to  remove  the  SecM'etary  (d"  war,  and 
desij,'nate  any  otlier  person  to  perform  the  duties  of  the  otlice.  Mr. 
Stanton  thereupon  refused  to  vacrate  the  oHice.  'I'ht'  House  of  llep- 
reseiil.'itives  passed  a  resolution  that  tlie  I'resiih'ut  l>e  impeacdu'd 
for  hiL,di  erimes  and  nnsdemeaiu)rs,  wliieh  was  cairied  l>y  li'ti  yeas, 
47  nays,  and  17  not  votinif.  The  articdes  of  im|U':Kdiment  w«'re 
presented  to  tlie  Senate  on  March  .'jth.  The  specrilications  were 
Itased  on  the  I'resident's  removal  of  Secret.iry  Stanton,  Ins  expres- 
sions in  puldicr  speecdu's  of  contempt  of  Cons^ress,  and  his  hindr.ince 
of  the  execution  of  some  of  its  A(!ts.  The  trial  heijan  on  ^Fandi 
'j:trd,  and  in  .May  the  President  was  accpiitted;  .'?."»  votini^  <,'uilty  and 
l!>  not  f^uilty — a  two-thirds  vote  being  re(piired  to  convict.  On 
Jidy  4th,  isOH,  Presich-iit  Johnson  issued  a  pro(rlam;itioii  of  pardon 
to  .all  persons  except  those  under  indictment  in  the  IJ.  S.  Courts  ; 
and  on  December 'JTyth,  a  full  ])ardon  to  everyone  who  had  participa- 
ted in  the  ndx'llion.  In  I  S7(),  ufter  his  presicU'iitial  term,  he  was  a 
candiibUe  in  'IVmiessee  for  the  U.  S.  Senate,  and  was  defeated  by 
two  votes.  In  lN7L'lie  was  a  candidate  for  Congressman  at  lars^e, 
but  was  anjain  defeated.  In  lH7o  he  was  elected  to  the  U.  S.  Senate. 
lie  died  wliile  on  a  visit  to  hiadauLfhter  at  Carters  Station,  ,luly  lUst, 
lH7r).  I'resi(U'nt  .lohnson  was  a  very  remarkable  man  in  many 
thint^s;  while  he  built  up  with  one  hand,  beseemed  todestroy  with 
the  other.  Critics  have  always  char<,'ed  his  prodigal  abuse  of  his 
otlice  in  a  \i'ry  indidgeiit  m;inn"r.  liui'tiing  him  with  the  caustic  of 
wrong  doing  only,  along  with  his  contrary  and  personal-sighted 
cabinet.  Strange,  indeed,  that  most  writers  believe  he  was  at  all 
times  conscious  of  the  opinion  ho  was  doing  right,  and  seemed  to 
have  rested  his  otherwi.se  distracted  hopes  upon  this  sort  of  supj)o- 
sition.  True,  his  mighty  voice  had  been  in  tlie  most  perilous  places, 
lifted  up  to  denounce  the  disunion  of  the  nation;  true,  he  had  lost 
all  his  accumulations  for  years,  in  defence  of  the  Hag  of  the  irnion; 
true,  be  nearly  lost  his  own  life,  and  that  of  his  family,  in  defending 
and  maintaining  all  that  could  be  most  justly  accepted  as  the  cause 
of  right.  Hut  a  nature  that  could  melt  almost  any  ])eo|)le  in  elo- 
•  pience  of  speech  from  the  ])latform,  but  one  tli.at  could  not  assimi- 
late with  or  be  controlled  \>y  co-e(pials  in  a  government.  lb;  was 
the  orator  Statesman  of  Presidents;  while,  sad  to  think,  the  most 
significant  failure  of  them  all. 

ULYSSES  S.  GRANT. 

Eighteenth  President,  is«9  to  1877. 

The  subject  of  this  sketch,  Ulysses  S.  Grant,  was  born  at  Point 
Pleasant,  Ohio,  April  27,  1822.  His  father  was  of  English  descent, 
and  i)ursucd  farming  combined  with  tanning  leather  for  a  livlihood. 
He  was  iii  good  circumstances,  though  not  what  Americans  term 
rich,  and  contributed  to  the  education  of  his  family  as  good  as  was 


IIIOGRAI'HIEH   OF  THE    I'RKHIDENTH.  359 

within  Iii«  iiicjins.  At  tlu>  n<xo  of  srvon,  UIvhhch  used  to  drive  a 
tt'.'im  ill  draw  iiiix  "  taii-liarlv"  I'rotn  the  Ininlock  wooils  to  the  Old 
'raiiiicry;  at  cli'von  he  plouiiflird  in  tiir  fields  upon  the  farm,  and 
was  Haiti  to  he  an  expert  |iloiiL:li-l)oy  in  inarkini,'  out,  a  strainjlit  f'lir- 
ntw,  a  eliaraeteristic  tiiat  appears  to  liave  adiiered  to  liis  actions  all 
his  lite;  in  oilier  respects.  I'lysses  was  a  contented,  lu'althy,  indiiH- 
trioiis,  jjood-teinpered  home  hoy.  While  his  early  siirroiiiidiiiijH 
lacked  the  advantai^es  of  retineiiieiit  and  iiitelli<renee  of  the  city,  it 
lackeil  the  vices  that  make  the  atmosphere  unwholesome  for  any 
hoy.  At  the  ai^e  of  seventeen  he  was  sent  to  West  I'oint  Academy, 
and  on  eiiteriii!,'  his  name,  a  mistake  occurred  wliidi  was  never  de- 
lected until  he  i,'iinluated  and  his  certificates  made  out,  when  it  was 
resolved  to  let  his  name  stand — his  naiiie  was  Hiram  I'lysses  instead 
of  UlvsHes  S.  It  may  he  said  of  Grant  that  his  i)rofesMioii  was  that  of 
a  soldier.  He  was  promoted  from  a  private  to  a  captain  in  1  s.^li,  and 
from  a  captain  to  a  colonel  in  isiil;  and  the  latter  part  of  the 
same  year  hri^adier  tj^eneral  of  the  volunteer  corps.  Ho  was  in  the 
('nir;i<remcnt  (kf  Belmont,  in  jsoi.  In  Fehriiary,  I sd-j,  he  started  for 
I'aducah  with  ir),(i()()  jneii  to  capture  Fort  Henry  with  a  fleet  of  j^un- 
hoats,  and  after  he  accomplished  the  capture  and  forced  them  to 
surrender,  he  immediately  attacked  Fort  Donelson,  where  he  scored 
a  hrilliant  victory.  In  April,  isO:},  he  trained  the  historical  victories 
of  Haymond,  .lackson,  Cliampioirs  Hill,  and  Hit;  IJlack  Hill;  l)esci<fed 
N'ickshui'Lr  and  forced  (Jen.  JVmherton  to  surrender  with  ahout 
•j7, 000  prisoners.  On  July  4tli,  iso;),  he  was  ju-omoted  to  the  rank 
of  major  n'eiieral  of  thercj^ular  V.  S.  Army.  He  was  then  ordered  to 
Chattaiiooi^a  and  Missionary  liidLTc,  an<l  latterly,  Look-out-Mountain 
where  the  confederate  General  l>riir<;s,  was  compelled  to  evacuate 
hy  the  stormiiit,' of  Grant's  army,  March,  ISOl,  he  was  placed  in 
full  command  of  the  I'nion  army  and  located  his  headipiarlers 
with  the  army  of  tiio  Potomac.  With  700,000  men  underarms  and 
uiiliinited  jtower,  it  was  then  his  marvellous  skill  as  a  military  Kint; 
was  displayed  to  the  world,  hy  the  attacks  he  made  on  Ricliinoii<l 
and  Atlanta;  he  jiitted  Gen.  .Mead  a<>ainst  Lee  at  iiichmond,  and 
Gen.  Sherman  attains  .Johnson  at  Atlanta.  It  was  the  hackhone  of 
the  confederate's  defences,  and  (ieiieral  Mead  e.\perienced  a  very 
dithciilt  task  in  matching'  (jcii.  Ijce,  owiiit;^  to  Ia'c's  craft  and  tact 
ill  maiiipiilatinjf  his  forces  in  amhiish  fashion;  suffice  it  to  say  in 
this  hrief  reference  that  these  seiures  were  dreadful;  tht^  Federalist's 
losses  reachiiiL,'  oo,00(),  and  the  Confederate's  losses  ;i2,000,  (this 
was  from  May  :?,  to  June  15).  'I'his  was  somewhat  discourai,'inif  to 
the  I'resideiit'and  he  communicated  with  Grant  as  to  future  pros- 
jiects,  and  Grant's  stern  reply  was,  "  I  propose  to  fi^ht  it  out  on  this 
line  if  it  takes  all  summer."  (Jrant  tlu'ii  hejjjan  his  seitfe  of  IVters- 
hiirirh,  which  ended  after  the  victory  of  Five  Forks  in  April,  lf^05, 
when  Richmond  was  evacuated  and  Lee  retreated,  followetl  by 
Grant,  who  forced  his  ..irreiider  at  Appomattox  C'ourt  House,  April 
0.  (See  the  "  Battle  of  the  Wilderness.")  After  the  war  Grant 
lixed  his  headquarters  at  WashinLfton;  and  on  July  25,  lS(5(),he  was 
commissioned  (icneral  of  the  United  States  armies,  a  rank  specially 


300  READY  REFERENCE  MANUAL. 

creatcil  for  him.  Duririf^  the  suspension  of  Secretary  Stanton  by 
J 'resident  Johnson,  lie  was  appointed  Seeretary  of  war  ad  inferhn, 
from  Auf-'iist  12,  IH(i7,  to  Jan.  14,  l8(iS.  At  the  re])ubliean  National 
Convention  in  Chiea<j:o,  May  21,  iSdS,  hp  was  nominated  for  I'res- 
i(h'nt  witli  Schulyer  Colfax  for  Vice-president.  Tliey  earried  20 
States,  and  received  214  el"'*,oral  votes,  as^ainst  80  for  Seymour 
and  lUair.  lie  was  inauirurated  on  iMarcli  4,  ISOO,  and  as  he  was  in 
political  accord  with  tlie  majority  in  C'onyress,  the  reconstruction 
of  the  latest  rebellious  States,  which  had  been  delayed  (birin<r 
Johnson's  administration,  now  went  smoothly  on.  The  act  to  en- 
force the  provisions  of  the  1  Ith  amendnu'ut  of  the  constitution  was 
followed  by  a  I'residential  })roclamalion  exhorting  obedience  to  it. 
In  ls71  he  Unsuccessfully  urfjed  the  annexation  of  Santo  I)omin<fo 
as  a  Territory  of  the  IJ.  S.  A  court  of  arbitration  at  Geneva, 
Switzerland,  in  1S72,  awarded  $15,5()0,()0()  to  be  paid  by  the  Jb-itisli 
(Tovcrniueiit  to  the  United  States  for  damages  to  American  com- 
merce' by  confederate  cruisers  fitted  out  in  British  ports.  A-t  the 
Kepublican  National  Convention  held  at  I'hiladelphia,  June  5,  isVl, 
he  was  nominated  for  President  and  Henry  Wilson  for  Vice-pres- 
ident, and  were  elected  by  a  popular  vote  over  the  Democratic  can- 
didates of  7(12, no  1,  and  an  electoral  vote  of  208,  against  so.  It  was 
during  the  close  of  this  42d  Congress  that  the  salary  of  the  I'resident 
was  raised  from  $2  ,000  to  $oO,000.  The  last  terin  of  his  adminis- 
tration was  one  that  the  country  will  long  remember;  financial  dis- 
tress was  spread  broadcast  throughout  the  land;  and  to  make  matters 
worse,  his  administration  was  hehl  largely  responsible  for  the  cause. 
After  his  term  of  otiice  expired,  he  determined  to  gratify  the  long- 
ing of  his  life,  to  go  around  this  ])lanet.  In  1872  in  company  with 
his  wife  and  youngest  son,  he  sailed  on  the  steamship  Indiana;  tlu' 
tlags  waived  and  the  salute  from  guns  thundered  tlu'ir  />o>i.  voyac/e 
to  him  as  the  majestic  steamship  left  the  shores  of  the  country  that 
he  had  so  indulgently  and  earnestly,  by  his  bravery  and  wisdom  de- 
fended and  extricated  from  the  meshes  of  devastation  and  disunion. 
His  reception  beyond  the  sea  in  that  old  fashioned  land,  reads  more 
like  a  fable  than  facts,  but  that  Britons  honor  a  good  soldier  as  no 
other  men  can,  was  in  the  noV)le  General's  case  abundantly  exenip- 
lilied.  Monarch's,  noblemen,  statesnu'ii,  chancellors  ami  bishops, 
whose  unbending  formalities  time  has  hardened  to  a  stilfness  that  is 
almost  impregnable,  cast  olf  their  rules  and  the  "  Fn-edom  of  the 
Soldier"  like  the  sunlight  s])arkli.'d  in  the  n>ost  stately  halls  to 
honor  America's  greatest  soldier.  After  his  return  he  choose 
New  York  City  as  his  home,  and  good  and  proud  she  was  of  her 
illustrious  citizen;  he  engaged  in  political  (U)nHicts,.but  very  little 
afterwards;  he  was  souglit  for  a  third  term  in  1880  but  as  held  him- 
self, it  was  a  ](rocei'(ling  opposed  to  the  traditions  and  precedents 
of  tlu!  sxovernment  of  the  llnited  States.  While  at  Long  Branch  in 
1884  he  discovered  cancerous  affection  in  his  throat;  the  disease 
made  its  slow  but  certain  i)rogress  until  July  2:?,  188,5,  when  the 
gri'at  pageant  of  an  American  soldier  closed  his  eyes  in  death,  amid 
the  surroundings  of  his  beloved  family,  and  the  sympathetic  mourn- 


lilOOIUPHIEB   OF  THE   PRESIDENTS.  301 

ingot"  a  <;  rate  I'll  I  nation.  His  widow  has  iml>li.sli('(l  the  history  of 
iiis  life  and  military  career,  which  is  one  of  tlio  most  interesting 
works  of  a  biographical  character  ever  publislied  in  this  country. 

RUTHfiRFORD  B.  HAYES. 

Nineteenth  President,  iMarcL  4,  1877  to  March  4,  1881. 

Rutherford  B.  Hayes  was  boru  in  Delaware,  Ohio,  October  4, 
1822  ;  his  father  had  died  the  July  before  he  was  boru  ;  he  came 
from  New  England  stock,  and  originally  from  the  Green  Mountain 
State  of  Vermont.  His  early  childhood  was  a  smooth,  comfortable 
and  prosperous  one.  No  struggle  with  poverty,  and  no  anxiety  over 
a  prep'^uderauce  of  wealth.  He  was  at  an  early  age  sent  to  the 
academy  at  Newport,  Ohio,  and  later  he  was  sent  to  Middletowu, 
Connecticut,  and  lastly  he  completed  his  studies  in  Kenyon 
College,  Ohio,  where  he  graduated  in  1842.  He  then  entered  the 
Harvard  Law  School  and  attended  this  for  two  years,  and  then 
finished  his  legal  course,  and  is  what  may  be  termed  a  highly  tnluca- 
ted  lawyer.  He  entered  upon  his  i^rofessional  duties  and  having 
within  bis  ac(|uaintances  many  very  prominent  people,  he  soon  es- 
tablished a  very  extensive  practice.  In  the  civil  war  lie  was  ap- 
pointed major  of  the  Twenty-third  Ohio  Volunteer  Infantry  ;  be 
was  appointed  judge-advocate  and  afterwards  lieutenant  colonel. 
He  had  a  brilliant  career  in  the  battle  of  South  Mountain,  Septem- 
ber 14,  ^"^(12,  in  which  he  receiveil  a  bullet  wound  that  forced  him 
to  leav  the  army  for  a  time,  but  as  soon  as  he  recovered  he  again 
took  charge  of  the  troops.  There  were  other  men  wliose  services 
were  more  prolonged  and  more  said  about,  but  what  General  Hayes 
did,  was  well  done.  He  was  afterwards  promoted  to  the  rank  of 
lirigadier-Gejieral.  He  was  nominated  while  serving  his  countrj 
in  the  battlefield,  for  Congress,  and  elected  December  4,  18C5.  In 
18()7  ho  was  returned  as  Governor  of  Ohio,  and  afterwards  elected 
again  to  the  same  position.  After  this  he  retired  to  his  home  in 
Fremont,  Ohio,  where  he  had  settled  in  early  manhood.  In  June, 
184(J,  to  his  surprise,  he  was  nominated  as  the  Ilepul)lican  candidate 
at  the  National  Convention  and  subse(iuently  elected,  although  the 
contest  as  will  be  remembered  resulted  in  both  the  Democrats  and 
llepublicans  claiming  the  ot1'u-e,  causing  considerable  disturbance 
and  anxiety  in  every  quarter  ;  but  at  last  the  country  settled  down 
trancpiil  and  confident.  He  had  very  decided  opinions  on  civil  ser- 
vice reform,  and  he  sought  to  promote  this  idea  generally.  The 
Hayes  administration  conducted  the  atl'airs  wisely  and  well,  and 
allayed  all  the  bitterness  of  the  hustings,  during  the  election.  He 
is  along  with  Gi  over  Cleveland  the  oidy  surviving  ex-president,  and 
it  is  a  pleasing  fact  that  Ex-President  Hayes  is,  with  his  estimable 
con\panion  in  li.^V,  spending  the  sunset  of  his  days  in  comfort, 
health  and  happiness,  in  his  home  at  Fremont,  Ohio. 


3G2  READY   KEFERENCE  MANUAL. 

JAMES  A.  GARFIELD. 

Tweutieth  rrebideut,  March  4,  1881  to  July  2,  1881. 

James  A.  Garfield  was  boni  iu  a  uewly  rairieil  log  cabin  iu 
Orauge,  Ciiyalioga  Coimty,  Ohio,  Novemlffer  1!),  1831.  Hi»  pareuts 
were  of  the  earliest  Puritan  settleis  of  MassachuBotla ;  his  lather 
beiug  of  English  extract  and  his  mother  of  the  Trench  Huguenot 
lineage,  who  settled  on  the  Isle  of  Guernsey  at  St.  Peter's  Port,  its 
jiresent  capital.  James  A.  was  the  youngest  of  four  children,  and 
was  only  eighteen  months  old  when  his  father  died.  It  can  by 
most  people  be  well  imagined  the  picture  of  his  early  surround- 
ings;  a  backwood's  home,  a  widowed  mother  with  four  children  and 
no  money.  Mr.  Garfield's  first  innings  in  life  bear  resemblance  to 
that  of  Lincoln ;  and  while  it  may  seem  tiresome  to  point  out  the 
beginnings  of  many  of  this  country's  great  men  in  this  manner,  it 
is  well  to  imjjiess  the  fact  that  the  footprints  of  these  men  will  re- 
mind us  all  that  the  beginning  of  a  successful  life  may  start  from 
auy  home  in  the  universe,  rich  or  poor.  His  early  education  was  very 
limited  ;  the  district  school  and  borrowed  books  comprised  the  de- 
partments of  tuition  open  to  him  ;  these  he  utilized  as  best  ho 
could.  His  occupation  consisted  of  working  on  the  farm,  an  ap- 
prenticeship at  carpenter  work,  and  driving  mules  on  the  canal  tows. 
In  184i)  his  ambition  had  a  fortunate  turn  and  he  was  enabled 
through  the  assistance  of  a  benevolent  clergyman  to  enter  the 
Chester  academy,  and  later,  Hiram  college,  an  institution  founded 
by  the  Disciples.  His  college  expenses  a  kind  uncle  contributed 
$500  towards.  He  entered  William  s  college  and  from  that  he 
graduated  and  upon  his  return  to  Ohio  he  accepted  a  professorship 
in  Hiram  college,  and  subsequently  its  presidency.  Concurrent  w  ith 
his  duties  in  the  college  he  set  about  studying  law.  Upon  slavery 
he  was  the  follower  of  Lincoln  as  near  as  thoughts  can  run  in  the 
one  current.  In  1859  he  was  nominated  for  State  Senator  and 
elected.  In  18(il,  he  with  thousands  of  other  patiiotic  men  who 
believed  they  had  a  country  to  live  or  die  for,  set  about  organiz- 
ing a  volunteer  company,  known  as  the  "Forty-Second  of  Ohio."  To 
the  front  they  went  with  Col.  Garfield  at  their  head.  And  he  met 
Marschall  in  the  Big  Sandy  campaign  at  Prestonburg  with  victori- 
ous results.  After  this  he  was  promoted  to  the  rank  of  brigadier- 
general  by  the  President.  He  was  in  the  engagements  of  Corinth, 
Chickamauga  and  other  sharp  skirmishes.  He  then  left  the  army 
and  was  elected  to  the  House  of  llepresentatives,  where  he  devoted 
seventeen  long  years  in  the  interests  of  his  country,  serving  them 
with  all  the  forces  of  his  intellect,  and  with  all  the  devotion  of  his 
heart.  The  range  and  enumeration  of  his  Congressional  labors 
cannot  even  be  recounted  in  the  brevity  of  this  notice  in  abstract ; 
they  deal  with  an  immense  variety  of  interests;  suffice  it  to  say  they 
were  the  burning  issues  of  his  day.  General  Garfield  like 
Senator  ]<]dmunds,  was  a  political  student,  that  improved  every 
moment  he  could  snatcli  from  other  duties  to  accpiiring  substantial 
knowledge ;  and   the    result    was   that   he   become   as  is  vulgarly 


BIOGRAPHIES   OF   THE   PRESIDENTS.  3G3 

known  "A  library  on  legs."  What  be  did  not  know  of  the  issues 
of  the  United  States  internally  and  externally  was  notwortb  know- 
ing. In  IHiSO  be  was  at  tbe  Republican  nomination  held  at  Chicago 
nominated  for  President,  and  in  November  afterwards  elected. 
Shortly  after  his  inauguration  the  political  situation  became  very 
trying  over  the  appointment  of  Judge  llobertson  to  the  New  York 
Custom  House.  Senator  Conkliug  and  his  colleague  I'latt,  had 
resigned  their  seats  in  the  Senate,  aiul  sought  by  appealing  to 
their  constituents  to  secure  by  their  re-election  a  rebuke  to  the  ad- 
ministration in  its  (!Ourse  ;  but  in  this  they  were  deceived,  as  they 
met  with  a  <liminished  support.  The  morning  of  July  '2,  1881, 
(hiwned  outside  of  this  political  disiilTection,  upon  a  peaceful  and 
prosperous  nation,  when  the  President  in  company  with  Secretary 
Blaine  was  at  the  depot  in  Washington  leaving  for  a  midsummer 
vacation  at  Elberon,  when  he  was  assassinated  by  the  notorious 
liend,  Guitcau.  The  long  weeks  of  suffering  and  strained  anxiety 
that  spread  over  the  nation,  and  indeed  civilization,  is  and  must  be 
fr(!sh  in  the  memories  of  every  one.  Though  the  skill  of  eminent 
physicians  balUed  oil'  death  until  the  l*.)th  of  September,  the  vigo- 
rous man  of  life  and  lindj,  of  love  and  learning,  at  last  yielded  to 
the  mastery  of  death,  as  so  admirably  expressed  by  Burns  in  his 
Robert  Bruces  address  to  his  aruiy  when  charging  upon  the  Eng- 
lish at  Bannockburn." 

"Scots,  wlui  liiie  wi'  \V;ill;ucl>lc(l, 
Scots,  wliii  liruce  liiis  olton  led  ; 
Welcome  to  your  gory  IxhI, 
Or  to  a  glorious  victory." 

CHESTER   A.  ARTHUR. 

Twenty-first  President      Sept.  20,  1881,  to  March  4,  1885. 

Chester  A.  Arthur  was  born  at  Fairfield,  Vermont,  October  27, 
1830.  He  was  the  son  of  a  Baptist  clergyman,  who  in  his  early 
youth  emigrated  from  that  dear  old  isle  beyond  the  sea,  Erin. 
Chester  was  the  lirstborn,  and  grew  up  a  bright,  vivacious  lad,  with 
strong  domestic  attachments.  He  had  the  advantages  of  his  fathers 
library,  and  a  happy  loving  home  iulluence.  At  fourteen  ho  was 
sent  to  Union  College,  where  his  career  is  said  to  have  been  marked 
with  diligent  study,  and  royal  gallantry  among  his  associates  in 
all  their  college  amusements.  Upon  his  completing  his  college 
course  and  graduating,  he  went  school  teaching :  when  he  had 
earned  a  few  hundred  dollars  in  this  humble  sphere,  he  started  for 
Gotham  to  study  law,  when  he  seemed  to  have  ])lanted  his  natural 
propensities  where  they  developed  with  extraordinary  rapidity. 
His  abolitionist  princii.iles  were  vei'y  strong,  and  his  whole  being 
se(imed  to  be  ablaze  with  defending  the  "miiii-in-chains  "  upon  the 
old  phmtutions.  In  1S55  he  became  judge-advocate  of  a  brigade  of 
New  York  militia,  and  afterwards  insjjcctor-geueral  oH  the  State.  In 
1871  he  returned  to  Lis  lucrative  law  practice,  whereiipou  he  waB 


3(54  READY   REPERRNOE   MANUAL. 

appointed,  by  Presideut  Grant,  Collector  of  the  Port  of  New  York 
(tlie  money  prcHidr^ncy  of  tbe  United  States)  ;  he  held  this  appoint- 
ment until  his  nomination  for  the  vice-presidency  at  Cliicago,  ISSO, 
and  was  duly  elecited.  On  the  death  r,[  General  Garfield,  September 
'20,  ISSI,  Arthur  took  his  oath  of  Oilice  as  President  of  the  United 
States,  under  most  trying'  circumstances;  but,  true  to  the  tact  of 
his  liistorical  race,  he  majestically  tempered  his  steel  to  the  situa- 
tion, though  regarded  with  coldness  and  doubt  by  the  largest 
wing  of  his  own  party,  of  which  he  was  acutely  ctmscious.  The 
adv(as(!  criticism  tliat  usually  falls  to  an  incoming  ruler,  was  especi- 
ally annoying  and  o^jpressive  in  his  case,  but  his  inaugural  was 
reassuring  of  a  determination  to  administer  his  high  office  without 
f(.'ar  or  favor,  ami  to  this  he  adhered  during  his  term  of  oflice.  He 
elevattid  the  honors  of  the  ofKce  of  second  degree  to  that  of  the 
highest  degree  of  respect  and  admiration.  After  his  term  of  otiice 
he  returned  to  his  vocations  in  New  York,  until  his  unexpected 
demise,  November  18,  188C. 

GROVER  CLEVELAND. 

Twenty-second  President,     March  4,  1885,  to  JVIarch  4,  1889. 

Grover  Cleveland,  the  "  Veto  President,''  was  born  in  Caldwell, 
New  Jersey,  March  18,  1837.  His  father  was  a  Presbyterian 
clergyman,  of  English  ancestry;  his  mother  the  daughter  of  a 
Jialtimoie  merchant,  who  was  an  Irishman.  Mr.  Cleveland's  early 
education  was  mostlj'  in  the  common  schools  and  the  academj'  at 
Fayetteville.  Afterward  the  family  removed  to  Clinton,  Oneida 
County,  New  York,  where  Grover  resumed  his  studies  in  the  acad- 
emy. As  a  matter  of  course,  a  country  minister  was  not  rich,  and 
the  advantages  which  the  eye  may  see  are  unreachable  by  millions 
without  riches,  and  this  was  commonly  Grover  Cleveland's  position. 
At  the  age  of  seventeen  he  was  engaged  through  the  influence  of 
friends  of  his  father  as  an  assistant  teacher  in  an  institution  for  the 
blind,  in  New  York  City.  In  1855  he  abandoned  this  and  went  to 
live  in  liufl'alo,  where  his  destiny  was  to  keep  him.  He  rendered 
assistance  to  his  uncle  in  preparing  a  literary  work,  and  then  com- 
menced to  study  the  dry  history  of  law  suits  as  recorded  by  Black- 
stone.  In  1859  he  was  admitted  to  the  bar.  His  early  management 
of  cases  were  marked  with  simplicity  and  sound  logic  as  practical 
and  (convincing  as  the  fountain  fron  which  he  learned  it.  It  may 
be  said  of  Mr.  Chneland  that  he  was  not  a  model  young  man,  that 
he  was  not  po2:)ular.  that  he  was  not  bright;  when  prejudices  and 
possibly  jealousy  are  fired  into  the  tongues  of  his  fellowmen,  but 
those  who  know  his  personal  character  best,  and  who  have  no 
reward  to  gain  by  polisliing  over  his  infirmities,  know  naught  of 
many  ai^cusations  made  against  him  ;  but  they  do  know  that  he  was 
always  mattei-  of-fact  and  never  forward  in  vaunting  what  he  knew 
or  could  do  before  the  foot  lights  of  public  opinion  ;  they  do  know 
that  his  official  actions  in  his  first  office  of  Mayor  of  BufTalo,  in  1881, 


IJIOOUAPHIES   OF   THE   rHEHIDENTS,  365 

were  marked  by  his  conducting  the  office  upon  business  principles, 
fearlessly  using  his  prerogative  in  checking  extravagant  expend- 
itures.      In    the    Democratic  convention  at  Syracuse,  N.     Y..  he 
was  nominated  for  Governor  of  the  State,  and  duly  elected  by  the 
people.     In  this  jiosition  the  same  matter  of- fact  style  marked  his 
])urpose  to  serve  the  people  faithfully,  humbly  and  well.     In  188-1 
the  Democratic  National  Convention  at  Chicago  nominated  him  for 
their  candidate.     The  canvass  was  pursued  with  the  most  sliamcful 
rancor,  bitterness  and  i)ers(mal  defamation.     The  llepublican  party 
that  carried  the  elections  of  the  previous  ipiarter  of  a  century,  was 
shaken  by  dissentione,    partly  political,  and   partly    of   a   ])ers()nal 
character.  Such  men  as  Senator  Edmunds  dissenting  to  enthusiasm 
over  the  results,  and  the  Democratic  candidate,  Grover  Cleveland, 
was  elected.     His   administration  was  haudi  capped  by  the  Senate 
being   politi(rally  in    majority   against  his  cabinet.       He    aimed  to 
give  the  country  a  pure,  honest  government,  uninfluenced  by  tlu! 
l)Ower  of  combines  or  money  kings  ;  he  sought  to  relievo  the  people 
from  burdensome  taxation,  not  for  political   pojudarity,  but  as  the 
head  of  this  great  nation,  weighing   the  future   2>i'Osperity  in  caliu 
and  just  executive.  That  he  may  be  called  opinionated  and  isolated, 
seems  possible,but  that  his  motives  were  the  interests  of  this  nation, 
are  impressive  facts.     Among  the  many  achievements  of  his  regime 
and  its  consecpxent  attributes,  his  taking  the  hand  of  Miss  Frances 
Tolsom  in  marriage,  will  be  in  the  history  of  this  country,  a  pleasant 
and   honored   part.     In    June,    1888,   the    Democratic  Convention 
assembled  at  St.  Louis,  re-nominated  him,  and  although   the  cam- 
])aign  was  between  hhn  and  General  Harrison,  the  direct  opposite  of 
1884,  he  was  defeated.     He  has  with  that  profound  good  sense  and 
sincere  grace  actce]>ted  the  answer  of  this  country  in  jKrfect  recon- 
ciliation ;  he  left  the  chair  with  his  last  ])residcntial  act   marked 
with  the  dignity  and  understanding  that  characterized  his  every 
act  ;  he  has  left  with  his  noble  lady  the  brilliant  rece])tion  rooms  of 
the  White  House   for  their  home    in   New  York,  wilh    the  amazing 
simplicity  of  change  that  is  sufficient  to  make  the  realms  of  kings 
and    nueeus  beyond    the    sea,    surprised  at    this  great   American 
nation's  quiet  transition  of  rulers. 

BENJAMIN  HARRISON. 

Twenty-third  President,  March  4,  1S89. 

Hcnjamin  Harrison  was  born  at  North  l>end  in  the  old  Ilai'rison 
homestead  on  the  Ohio  River  near  Cincinnati,  Augn.^t  20,  is:]:]. 
Tlie  Harrisons  belonged  to  the  old  \'ii-ginia  Colonists,  were  ;ill 
factors  in  their  day  and  generation,  in  the  Independence  of  the  Tnited 
States.  The  family's  history  bears  evidence  of  virtues  that  make 
good  citi/cns  and  good  homes.  Piety  and  strict  integrity  of  (rli;irac- 
ter  was  IJenjamin's  home  example;  he  was  the  second  son.  The 
first  public  school  he  attended  was  a  log  cabin  of  thi'  old  si/e 
"  twenty  by  thirty,"  which  was  only  a  short  distance  from  his  own 


300  HEADY  REFEllENTE  MANUAL. 

fatlier's  home.  Aft(>r  the  lad  was  "  too  far  advanced"  to  1)i'  tancflit  l»y 
the  coiiiitry  ju'daj^oo;,  he  Avas  sent  to  an  Acadi'iiiy  known  as  tlic 
"Farmcr'H  Collctjc,"  and  after  twoyt'ivrs  tnition  in  tliis  institution,  hv. 
was  entered  in  Miami  ITniversity.  IIiHeolleL,'e  conduct  was  tiiat  of  a 
very  orderly  and  unassuming  student;  attentive  to  Iiis  studies  ajid 
respectful  to  his  teacliera  and  class-mates.  lie  is  said  to  have  been 
very  slow,  but  jiarticularly  accurate.  Wlien  an  answer  was  given 
by  J-Jenjainin  Harrison,  it  was  correct,  and  to  this  day  it  is  by  his 
fainiliar  friends  said  to  \>i'  his  predominant  trait  of  eiiaracter,  this 
combined  witli  a  retentive  inemory,  has  built  up  a  very  substantial 
man  of  knowledge.  After  graduating  from  college  he  entered  a 
law  office  in  Cincinnati,  and  set  about  the  study  of  law.  Ife  was 
barely  twenty,  his  studies  not  yet  com])lete<l,  when  he  married  .Miss 
Caroline  W.  8cott,  the  accomplished  daughter  of  a  President  of  an 
Academy.  l>y  perseverance  and  strict  economy  lie  completed  his 
law  course,  and  to  make  matters  more  successful,  he  iidierited  a  few 
hundred  dollars  by  the  death  of  an  aunt.  In  company  with  his 
young  bride  he  removed  to  Indianapolis,  and  tliere  entered  upon 
the  jiractice  of  his  jjrofession.  lie  has  told  of  his  privations  out  in 
their  new  home,  and  has  seriously  remarked,  that  to  ])Osse8S  a  five 
dollar  bill,  was  an  event  seldom  occurring.  In  isoohe  was  nomi- 
nated by  the  Republican,  Convention  for  Reporter  of  the  Supreme 
Court  and  was  elected,  lie  was  not  a  "  wordy  orator,"  but  a  reliable 
effective  and  courteous  counsel;  loosing  at  no  time  his  temper  or  de- 
scending to  abuse  of  his  opposing  counsel.  In  1SU2  he  resolved  like 
thousands  of  others  that  it  was  imperative  to  do  sometiiing  for  his 
country,  and  he  accepted  the  commission  of  colonel  of  tlie  7(ith 
Regiment  of  Indiana  Volunteers,  lie  marched  with  his  company 
to  Howling  Green.  He  remained  with  his  regiment  until  the  close 
of  the  war.  He  was  in  the  battles  c,f  Ilesaca,  of  Kensaw  ^Mountain, 
of  Peach  Tree-Creek,  and  proved  himself  a  good  soldier  and  popular 
commander.  His  goodheartnedness  to  the  wounded  and  sick,  is 
well  known  by  those  who  served  under  him.  When  the  war 
closed,  he  retired  with  the  rank  of  brevet  brigadier-general.  In 
l.SVO,  he  declined  the  nomination  of  Governor  of  Indiana,  but 
through  gre.at  i)ressure  of  his  party  he  stood  and  was  defeated.  In 
the  Convention  at  Chicago  in  1880  he  declined  to  be  a  candidate, 
and  gave  all  hi.s  support  and  influence  to  Gen.  Garfield.  Upon 
Garfield's  election  he  was  offered  a  portfolio  in  the  cabinet,  but  de- 
clined it.  He  was  at  the  time  elected  United  States  Senator,  where 
he  served  his  country  for  six  years.  In  1884  his  claims  to  the  otlice 
of  President  were  again  discussed.  In  1888  at  the  National  Re- 
publican Convention  held  June  lOth,  at  Chicago,  He  received  the 
nomination  and  was  elect<'d  to  Jie  Presidency.  His  actions  since 
his  election  have  been  marked  with  a  degree  of  wisdom  becoming  his 
high  office;  silence  and  reservation  throughout.  His  cabinet  is  a 
remarkably  strong  one  in  many  respects.  The  Secretary  of  State, 
Mr.  J)lain,  a  man  of  world-wide  distinction;  and  the  rest  of  his 
cabinet  all  gaud  business  men,  as  well,  being  otherwise  well  posted 
upon    political   jurisprudence  ;  that  he   will   be  able   to  give   this 


lUOOItAF'HIES   OF   THE    njESIDKNTH,  HO? 

coimtiy  a  sound  and  ^mod  administration,  is  visihlv  nn(|ucs(ional.lt' 
Yt't  slioiild  intnj,nu'H  of  money  kin,<rs  and  monopolists  seek  to  ti<rlit- 
anthvir  tvch  around  the  cxooutivo,  as  thoy  aro  doubtlessly  oii'liis 
side  of  the  house,  no  mattr-r  how  nrood  his  purposes  may  he',  he  will 
he  more  than  human  if  he  does  not  in  some  respeets  disappoint  this 
.threat  country.  That  iiigh  tax  combines,  monopolies  and  corpo- 
rations are  movin.ijf  the  very  mountains  to  e..ritrol  and  cenlrali/e 
a  blind  man  can  instinc^tively  see.  We  speak  not  of  the  President  as 
a  politician  or  party  man;  l)iit  as  one  who  admires  his  course  ho  far 
and  sincerely  trust  to  be  able  to  do  ho,  when  his  term  is  completed' 


PART  IV.— CHAP.  VIII. 

HER    MAJESTY,    QUEEN    VICTORIA,    AND    Hi;)l    KAMILY. 

Her  Majesty,  the  (iueeii  of  Groat  Britain,  and  her  family,  art;  the 
most  historical  in  the  world.  To  attempt  a  general  outline  would 
be  out  of  place,  as  well  as  too  extensive  for  a  work  of  this  kind.  To 
give  a  few  of  the  facts  that  ordinary  persons  can  fasten  to  memory, 
as  an  attribute  of  their  knowledge,  is  all  that  will  bo  attempted  in 
the  following: 

Her  Majesty  was  born  at  Kensington  Palace,  May  24,  181!) ; 
succeeded  to  the  throne  June  '20,  IH'M,  on  the  death  of  her  uncle, 
William  IV ;  she  was  crowned  C^ueen  of  Great  Britain  and  Ireland, 
June  '2.S,  18158  ;  she  married  Prinije  Albert,  Feb.  10,  1840.  Her  Maj- 
esty is  the  only  child  of  the  Duke  of  Kent,  who  was  the  son  of 
George  III.  She  has  since  her  coronation  been  created  Kmpi'  of 
India.  Her  Majesty's  estates  and  her  income  therefrom,  are  'd 
to  exceed  that  of  any  other  woman  in  the  world.  Her  residem:es 
are  :  Windsor  Castle,  situated  in  AVest  Jjondon,  a  portion  of  the 
city  that  was  formerly  called  EatoTi,  now  annexed  to  London  by  a 
bridge  across  the  Thames ;  this  castle  was  founded  by  William  the 
Conqueror  ;  the  buildings  cover  twelve  English  acres  of  ground;  it 
is  occupied  by  her  during  tlio  winter  season.  Hersummer  residence 
is  in  the  Scottish  highlands,  known  as  Balmoral.  It  is  000  feet 
above  the  sea  level ;  the  estates  comprise  100,000  acres,  including  a 
park  of  1,000  acres,  having  30,000  trees  planted  within  it.  Her 
third  residence  is  Osborne  Castle  in  the  Isle  of  Wight,  near  Hamp- 
shire, in  the  English  Channel ;  this  she  visits  for  sea  bathing  and 
air.  Her  income,  from  the  estimates  given  from  the  best  authorities, 
place  it  at  $2,500,000  annually.  Her  charities  are  very  extensive, 
and  extend  over  the  whole  world.  Her  most  striking  characteristic 
is  her  rigid  order  of  living. 

Princess  Victoria  Adelaide  Mary  Louisa,  her  first  born  child, 
(Nov.  21,  1840,)  married  the  crown  prince  of  Germany,  Jan.  25, 
1858. 

Albert  Edward,  the  Prince  of  Wales,  was  born'  Nov.  9,  1841, 
and  married  Alexandra  of  Denmark,  IMarcli  10,  18()3.  He  is  the  heir 
to  the  throne  next  in  succession  ;  next  to  him  is  his  son,  Albert  Vic- 
tor, born  Jan.  8,  1804. 

Alice  Maud  Mary,  the  third  eldest  of  the  Queen's  family,  was 
born  April  25,  1843,  and  married  Frederick  Louis  of  Hesse,  July  1, 
1862.  She  died  December  14,  1878,  by  contracting  dyphtheria  from 
nursing  her  own  children. 


gl'EEN   VKTORIA   AND    HEll   FAMILY.  IHV.) 

Alfit'd  Ernost  Albert,  Duke  of  Edinburf^b,  next  eUlost,  wab 
boru  Aiifif.  (I,  1844;  wiih  married  to  the  Gniiul  Duchess  Marin  of 
lluHsia,  Jan.  2'i.  1874.     He  in  very  foud  of  the  army. 

Helen  Augusta  Victoria,  the  tifth  child,  was  boru  May  *25,184(», 
married  I'rince  Frederick  Christian  Charles  ol  SchlcHwig  Holstein, 
July  5,  1SU6; 

Louisa  Carolina  Alberta,  the  sixth  child  of  tier  Majesty,  was 
born  March  18,  1848 ;  married  the  Maniuis  of  Lome,  the  eldest 
son  of  the  Duke  of  Argyle,  March  '21,  1871 ;  this  is  the  only  mem- 
ber of  the  royal  family  that  has  married  a  Hubject  of  the  crown. 

Arthur  William  Patrick  Albert,  Duke  of  Connaught,  the  sev- 
enth member  of  the  royal  family,  was  boru  May  21,  1850  ;  married 
the  Triucesa  Louise  Margaret,  daughter  of  Frederick  (.'harles  of 
Russia,  March  l.'J,  187i).  He  was  by  the  wish  of  his  father.  Prince 
Albert,  baptized  Patrick,  to  give  respect  to  the  commonncsss  of 
"  Pat  and  Paddy,"  and  with  the  Prince's  own  request  made  Duke 
of  Conuaught  for  a  similar  object,  as  the  Irish  who  were  born  in 
that  province  were  sneftred  at  as  a  lo\v  grade  of  Irish  originating 
from  a  class  who  lived  almost  as  hermits  in  the  mountains,  in  mud 
huts,  and  distilled  what  is  known  as  "Pauteen"  whiskey. 

Leopold  George  Duncan  Albert,  boru  April  7,  1853  ;  married 
Princess  Helen  of  Waldeck,  Ai)ril  27,  1882:  died  ut  Ciiniies,  Spain, 
March  28,  1884 ;  was  the  most  literary  member  of  the  family. 

Beatrice  Mary  Victoria  Feadore,  the  youngest  of  the  family, 
was  born  April  14,  1857  ;  married  Prince  Henry  of  Ijatteuburgh, 
July  23,  1885. 

All  of  the  sons  bear  their  father's  Christian  name,  Albert;  and 
three  of  the  daughtes  that  of  their  mother,  V^ictoria  Two  of  the 
family  are  dead,  seven  are  yet  living,  nine  of  her  children  were  born 
within  seventeen  years,  the  first  five  within  so  many  years.  She 
has  thirty-seven  grandchildren  and  eight  great  grandchildren. 

COST    OF    MAINTAINING    THE    UOYAL    FAMILY    AS    I'AID    BY    THE    GOVERNMENT. 

Her  INlajesty  the  Queen  receives  annually $1,929,000 

Prince  of  Wales 200,000 

Princess  of  Wales 50,000 

Prince  Albert  Victor 50,000 

Crown  Prince  of  Ilussia . . _ 40.000 

Duke  of  Edinburgh 125,000 

Princess  Christian ;}0,000 

Marchioness  of  Lome . .  _ 80,000 

Duke  of  Connaught ._ ._..  125,000 

The  Duchess  of  Albanv 125,000 

Duke  of  Cambridge _ . .  ;50,()00 

Duchess  of  Mecklenburgli-Strelitz 15,000 

Duchess  of  Cambridge .  _ G0,()00 

Duchess  of  Teck 25,000 

Total -  -  $2,834,000 


'^'''*'  I;EAI»Y   ItEFKIiFATF,    MANUAL. 

SALARtFH  or  TIIK  liHITISH  PRIVY  COUNCII,    AND   OTIIEIl  rnOMfNENT  I'KFIHONH. 

IVronibf'ra  of  tho  BritiHli  Ciihinot  rect'ivfi  £5,000  a  yoar  'I'liu 
Lord  Hif<li  Chancellor  roccivcs  £10.000.  Tlu*  Lord  Cliicf  Justice 
XH.OOO  and  tlio  other  . I iidr,'eH  from  CH.OOO  to  CCdOO.  The  Arcli- 
liiMhoj)  of  Ciiiitcrbury  ^oin  X)r>,()00  aj.d  the  Archbishop  of  York 
.tlO,()00.  Tho  Bisliop  of  London  hIho  frets  CKMHH),  im.l  tlie  other 
IJishops  from  CT.OOO  .lown  to  fi.OUO  which  latter  is  (he  small 
Htipejid  i)aid  to  the  HiHlioj)  of  Sodor  and  IVfan.  The  fattest  salaries 
are  j)aid  to  the  Vic<(roys  of  India  and  Ireland,  the  former  nu-eivint,' 
20,8.'{;5  rupees  per  month,  and  the  latter  L"'-'0.000  per  year.  The 
rTovernor-Gciieral  of  Canada  has  otdy  CIO.OOO.  The  British  Aml.as- 
Hador  at  IVis  receives  CO.OOO,  at  Vienna  and  Constantinople  tS  000 
each,  at  St.  I'ctersburg  ,1:7,800  and  at  Berlin  X7,500,  United  States 
*7,o00. 


r.VKT  V.     CIIAI*.  VIH. 

KKKTCH    OK    HIK     lOriN    A.     M ACDoNAMt,   K.  0.    11.,     HIS     I.IIK     AND    TIMKS     AS  A 

LAWVKU   AM)    STATESMAN. 

T1j<;  Kiil»JM't  of  tin?  sketch,  Sir  John  A.  Miicdormhl,  whc)H»>  name 
has  be<;n  i'loiitiJicMl  witli  thc^  politics  of  Caimilii  for  the  ])!iKt  fifty 
years,  iH  the  Het'oiiil  son  of  Ihi},'li  Maiidoimhl,  of  Dornocli,  Suther- 
hiutlshire.  S<-otlan(l,  and  was  born  January  11,  1815.  in  (leorj^'o 
Street.  (rlas;^o\v.  Scotlaiid.  Tiio  family  emigrated  to  Canaihi 
durinj^  the  Hiimmer  of  1M"J(),  and  settled  in  Kin<,'ston,  ['pper  (.'anathi 
(now  the  Province  of  Ontario)  ;  after  four  years  the  family  removed 
to  Quinte  Day,  in  the  adjoining  county  of  I'rince  Edward,  leaving 
John  Alexander  at  Hchool  in  Kingston.  The  nearest  town  or  village 
to  the  Maedouald  settlement  was  ,\doij)hston  ;  the,  entire  settlement 
was  eoujiiosed  of  New  l'2nglanders  who  had  declint'd  to  stiver  their 
loyalty  to  the  liriiish  Crown  ;  and  are  known  as  U.  E.  Loyalists. 
In  this  settlement  were  included  tlui  Magermeu's,  Macleans,  KuttenB, 
Gowans  and  Harrison  families,  all  of  whom  jilayed  a  distinguished 
part  in  the  government  of  Canada,  and  its  advancement  in  every 
de])artment  of  itw  civil  and  (rolouial  history;  couseciuently  the  world 
wide  reputation  that  Sir  John  gets  of  i)atriotism  to  Canada  and  the 
home  goveinment,  is  hui,  tlie  natural  j)roduction  of  early  inlluences. 
The  privations  incidejit  to  '•roughing  it  in  the  bush,"  did  not  allow 
the  Macdonald  family  to  escape,  but  gave  them,  if  anything,  more 
than  their  share;  however,  with  much  self-denial  on  the  part  of  the 
family,  the  lad  was  kept  at  school  and  subsecjuently  placed  under 
the  tuition  of  Dr.  Wilson,  at  the  Koyal  Granuuar  School,  in  Kings- 
ton. Dr.  WilKon  was  a  Fellow  of  the  Oxford Universitj' of  England. 
In  18;JG  the  family  left  Adolphstou  and  took  up  their  residence  in 
Kingston;  young  Macdonald  was  taken  from  school  and  articled  to 
Mr.  George  Mackenzie,  barrister  at  law.  He  had  no  college  or 
classic  training,  but  like  JJobby  Burn's  guinea  stamp,  "he  was  guid 
for  ali-that."  After  three  years  a  student,  and  three  y«fars  more  of 
practice,  he  i)aKsed  his  examination  at  the  head  of  the  list  before  the 
Upper  Canatla  Law  Society,  and  was  presented  with  the  bairister's 
gown  and  blue  bag.  Contrary  to  the  universal  belief,  IMacdomUd 
was  a  student  of  the  most  exemplary  habits  ;  he  was  a  witty  and 
humorous  conversationalist,  and  his  companionship  always  courted, 
but  as  a  wild  town  gallant  in  sprees,  he  never  joined  in  any  manner. 
After  he  graduated,  he  opened  an  office  in  Kingston  for  the  practice 
of  his  profession,  and  was  soon  appointed  solicitor  for  the  Com- 
mercial Bank  and  the  Trust  and  Loan  Company  of  Canada,  the 
latter  he  retains  in  Toronto  to  this  day,  through  his  associated  part- 
ners. About  this  peri' id  the  storm  of  Ilebellion  in  lower  Canada  under 
Papineau,  and  in  Upper  Canada  under  Williana  Lyon  INIackenzie  was 


372  READY   REFERENCE   MANUAL. 

coininencing  to  rage ;  it  was  a  resistance  of  oppression,  similar  to 
what  brought  about  the  Independance  of  tlic  United  States.  Up  to 
1838  young  Mucdonald  had  not  distinguished  himself  particularly, 
until  Von  Shoultz  a  Pole,  the  leader  of  what  was  known  as  the 
Hunter's  Lodges  that  attempted  an  hivasion  of  Upper  Canada, 
along  with  the  Lyon  Mackenzie  discontents  at  Prescrot,  was 
captured  and  imprisoned  at  Kingston,  and  Macdonald  was  en- 
gaged as  counsel  for  the  prisoner.  The  bright  young  lawyer's 
appeals  in  behalf  of  the  prisoner,  though  fruitless  in  saving  him, 
will  be  long  remembered  by  those  who  heard  it,  or  hoard  accounts 
of  it.  Pity  lay  at  the  heart  of  Macdonald  for  the  poor  foreigncsr, 
who  had  been  expelled  from  his  own  native  land  by  the  unjust  hand 
of  oppression,  and  thought  that  the  Mackenzie  discontents  should 
in  Canada  receive  any  assistance  he  could  give  them.  This  trial 
gave  John  Macdonald  a  wide  reputation  throughout  Canada,  and 
one  that  has  continued  to  this  day.  After  tliis  Macdonald  entertid 
into  partnership  with  Alexander  Campbell  (now  the  Lieutenant 
Governor  of  the  Province  of  Ontario  )  in  the  practice  of  law  in 
Kingston,  and  amor.g  the  students  they  had  articled  was  Oliver 
Mowat,  the  clever,  cautious  little  Scotchman  that  has  been  the  head 
of  the  empire  province  of  Canada  (  Ontario  )  during  the  last  (juar- 
ter  of  a  century,  as  Attorney-general.  Macdonald's  first  jjublic  oflice 
was  as  alderman  in  St.  Lawrence  ward  in  Kingston  in  184'}.  Dur- 
ing the  rupture  between  Sir  Charles  Metcalfe,  the  Governor  of  the 
Canada's,  and  his  cabinet,  in  which  Sir  Charles  was  in  league  with 
the  Family  compact;  Macdonald  took  a  modest  part.  One  of  the 
things  no  doubt  he  has  ever  since  regretted.  It  was  in  point  of 
fa(!t  a  despotic  rule  by  the  Governor,  regardless  of  the  ])eople's  will 
or  wishes.  About  this  time  George  Brown  visited  Canada  from  New 
York,  canvassing  for  a  weekly  paper  called  the  British  Chronicle 
that  he  was  going  to  publish  in  Toronto,  which  afterwards  devcsl- 
oped  into  the  Globe.  George  Brown  and  his  paper  unceasingly 
opi)Osed  Macdonald  from  its  embryo  to  his  death,  and  is  yet,  with 
its  successors,  his  most  formidable  opponent.  In  1844  Macdonald 
received  at  the  hustings  in  Kingston,  the  nomination  of  the  old 
tory  party.  This  election  was  one  of  the  most  exciting  the  warrior 
has  ever  fought.  It  was  a  mixture  of  factions.  Orangemen,  Roman 
Catholics,  Secessationists,  &c.  It  is  said  that  whiskey,  antl  blood 
from  cut  heads,  Howed  as  freely  as  at  Doneybrook  Fair ;  but  out  of 
the  "  guzzeldom  "  Macdonald  came  a  victor. 

His  first  attendance  in  Parliament  was  not  marked  by  any  anxi- 
ety to  "  stick  his  gab  in  "  as  most  parrot  politicians  do  for  the  gab- 
bing sake.  His  attitude  was  quite  unassuming  as'  it  is  to  this  late 
day  in  his  public  life.  One  of  his  definitions  of  a  speech  is:  "speak 
when  your  words  will  add  force  to  an  attack  or  strength  to  a  de- 
fence" and  he  lived  up  to  that  rule.  He  never  attempted  to  enter 
upon  a  debate,  until  he  was  posted  upon  the  marits  of  the  (]uestion 
discussed,  and  then  with  short,  noncommittal  speeches,  usually 
sweetened  with  a  little  humorous  witticism  of  his  own.  His  first 
speech  in  the  house  ailbrded  him  the  opportunity  to  record  his  devo- 


SIR  JOHN   A.    MACnONALD.  37 .'J 

tion  to  tbo  Eiupiio  that  ho  ban  ho  long  and  faithfully  served.  It 
waa  his  advocacy  of  the  law  of  prunogeniture ;  contending  that 
Hucii  EngliHh  statesmen  as  Pitt  and  Fox,  would  never  have  been 
more  than  everyday  country  sciuiros,  were  they  not  left  estated  gen- 
tlemen by  the  old  English  law  of  primogeniture.  During  these 
days  the  coiiHict  kepi  going  on  between  the  Governor  aud  the  gov- 
ernment, toryism  against  constitutional  government.  In  1840  Lord 
Elgin  was  appointed  Governor  and  Sir  Charles  Metcalfe  recalled 
home.  The  new  Governor  was  a  more  moderate  man  and  had  nt 
an  early  day  in  his  administration  manifested  a  will  to  adhere  to  the 
prerogative  of  ihe  people  instead  of  his  own.  In  this  parliament 
Alacdonald  was  appointed  lleceiver-geueral,  (this  is  what  was  known 
as  the  Draper  administration),  and  afterwards  removed  and  given 
the  Coiunussioner  of  Crown  Lands  Department,  but  his  term  of 
office  was  cut  short  by  the  government  being  defeated  upon  a  divi- 
sion in  the  House,  necessitating  an  appeal  to  the  country.  After 
tlie  election  to  test  the  strength  of  the  two  parties,  a  division  was 
taken  on  the  election  of  the  Speaker  of  the  Commons,  when  the 
result  sliowed  the  tories  defeated  by  54  to  19  ;  this  placed  Mac- 
donald  aud  his  party  on  the  opposition  seats.  The  Governor  called 
upon  Mr.  Lafontaino  to  form  a  cabinet.  No  sooner  had  the  new 
ministry  taken  office  under  this  French  leader  than  a  bill  was  intro- 
duced to  indemnify  Lower  Canada  to  the  amount  of  $500,000  for 
the  damages  of  property  during  the  riotous  days  of  "'37-8  ".  Mac- 
donald  entered  a  most  telling  protest  against  this  Act,  and  for  the 
Hrst  time  in  his  life  learned  that  it  was  unpopular  to  interfere 
very  iirominently  against  the  French  Canadians.  The  bill  was 
l)assed  and  although  the  whole  country  was  scoured  by  petitions, 
for  and  against  it,  to  the  Governor  to  disallow  the  bill,  it  was 
signed  by  him  and  became  law.  Upon  the  heels  of  this  followed 
a  repetition  of  the  feuds  and  conflicts,  which  were  equal  to  the  one 
that  the  Act  proposed  to  recompense  Lower  Canada  for  damages ; 
the  Parliament  buildings  at  Kingston  were  burned  and  the  govern- 
ment offices  throughout  the  country  sacked  and  damaged ;  disorder 
and  outrage  madly  danced  o'er  the  land.  Macdonald  though  oppos- 
ing the  Act  now  saw  that  pacific  efforts  nuxst  be  adopted  or  annex- 
ation to  the  United  States  would  surely  be  the  outcome ;  his 
speeches  in  this  line  were  in  their  way  calculated  with  a  de- 
gree of  diplomacy  not  unlike  the  tact  of  Disraelis'  at  the  Europpan 
convention  at  Berlin,  where  the  London  Pintch  represented  the 
great  English  statesman  walking  a  rope  with  the  balance  pole  of 
"Peace."  To  Macdonald's  tact  at  this  critical  moment  can  be  largely 
attributed  th(>  fact  tiiat  Canada  exists  to- day.  In  this  Parliament, 
while  in  opposition,  Macdonald  was  a  prominent  and  dangerous 
debator  ;  his  opposition  to  the  extension  of  representation,  and 
the  University  bill,  and  the  bill  to  restrain  the  sale  of  intoxicating 
licpiors  was  most  elTective  and  largely  embarrassing  to  the  govern- 
ment. He  maintained  that  the  "government  could  not  legislate 
'men  to  be  sober,  anymore  than  to  be  religious."  In  1854  a  new 
party  was   constituted  out   of  the  remnants  of  the  old  tory  party, 


;^74  IlKADY   UEFEUKNCE   MANUAL. 

known  a8  the  Liberal  Conservative  pai'ty,  which  at  the  general 
election  was  carried  into  power.  Sir  Allan  MarNabb  was  elected 
Premier  and  John  A.  Macdonald  Attorney- General  for  Upper  Can- 
ada and  the  Hon.  A.  N.  Morin,  Premier  of  Lower  Canada ;  known 
as  the  MacNabb-Morin  adnnuistration,  and  later  Mr.  McNabb  re- 
signed the  Premiership  to  Macdonald  and  Mr.  Morin  to  Mr.  Tache, 
which  was  then  termed  the  Tache-!Macdonald  administration.  Sir 
Edmund  H(  <id  was  at  this  time  appointed  Governor  in  the  place  of 
Lord  Elgin.  The  general  elections  came  on  the  next  year  and  for 
the  lirst  time  Thomas  D'Arcy  Magee,  Hector  Langevin,  Oliver 
Mowat  and  John  Carliug  were  returned  to  Parliament.  The  open- 
iug  of  the  session  in  1858  the  Tache- Alacdouald  administration 
held  office,  but  before  the  close  of  that  Parliament  were  defeated 
on  a  division  motion  of  adjournment  by  GO  to  50.  The  Ministry 
resigned  and  the  Governor  called  upon  the  Hon.  George  Brown  to 
form  a  cabinet,  which  he  did,  by  what  is  known  as  the  "Double 
shullle."  This  administration  was  calltnl  the  "Brown-Dorin"  or  the 
"Will-of-the-wisp"  Parliament;  at  all  events  it  was  short-lived. 
This  allbrded  John  A.  Macdonald  the  only  and  first  opportunity  to 
get  his  foe  where  he  couhi  brandish  his  sword  over  his  head  and 
George  ]irown  fully  realized  that  he  was  not  in  his  quiet  editorial 
sanctum  ir  the  "Globe"  office,  when  he  was  arrayed  on  the  opjiosite 
seat  from  Macdonald.  It  has  been  saiel  that  so  tlismayed  was  he 
by  the  open  eye  of  Macdonald  that  he  through  cowardice  relin- 
quished uis  Premiership;  at  all  events  it  did  not  last  long.  The 
Governor  then  called  upon  George  E.  Cartier  to  form  a  cabinet ; 
Cartier  a^)pointed  John  A.  Macdonald  Premier  of  Upper  Canada 
and  himself  of  Lower  Canada:  this  administration  was  called  the 
('artier  Macdonald  administration,  which  remained  in  office  until 
1801  ;  when  upon  a  resolution  introduced  by  Mr.  Macdonald,  called 
the  Militia  Resolution,  it  suffered  an  adverse  vote  of  want  of  con- 
fidence and  was  forced  to  tender  its  resignation.  The 
Governor  then  asked  Sandfield  Macdonald  to  form  a  cabinet, 
which  he  did  by  joining  hands  under  a  partial  coalition 
with  Sicotte  of  Lower  Canada ;  this  administration  lasted  with 
changes  in  the  cabinets  occasionally  until  the  session  of  18G4,  when 
dissensions  forced  them  to  resign,  and  John  A.  Macdonald  was  called 
upon  to  form  a  cabinet.  At  this  change  the  first  move  of  confedera- 
tion of  the  provinces  was  conceived  as  a  means  of  harmonizing  the 
strifes  that  biought  about  repeated  elections  and  change  of  cabinets 
in  the  past,  lendering govornmeat  a  farce  more  for  the  rant  of  con- 
spiracies than  a  parliament  of  a  eivilized  peojile.  Macdonald  aud 
Sir  Alexander  Gait  called  upon  the  leader  of  the  Reform  party,' 
George  Urown,  with  a  view  of  joining  issues  with  this  object  in 
view.  Brown  conceded  that  something  nuist  be  done  or  that  gov- 
ernment would  soon  bo  an  impossibility.  Consequently  Macdonald 
and  Tache  called  upon  George  Brown  and  Oliver  Mowat  of  Upper 
Canada  aud  Dorin  and  Lefontine  of  Lower  Canada  as  Reformers, 
and  Thomas  D'Arcy  Magee,  Alexander  Gait  and  Hon.  William 
Macdougall,  as  Conservatives  of  Upper  Canada,  as  members  of  the 


BIB  JOHN  A.    MACDONALD.  375 

cuuliliou  uubiuet.     Co-operation  of  tbo  pAi'liiiiuentb  of  Novji  St-otiii, 
New  iinuiHwick  and  I'riuoe  Edward  iHland  to  appoint  delegates  to 
meet  in  Septeujber  at  Cliarlottetown,  Prince  Edward  Island,  at  a 
Confederation  Convention.     This  became  from  the  day  that  Mac- 
donald  formed  the  ideal,  the  apparent  ambition  of  hib  life.     He  saw 
u  future  nation,  and  that  he  might  posuibly  Hway  its  destinicH.    At  the 
convention  ho  uuauiniouH  were  the  delegateH  for  confederation  that 
the  only  obutacle  ajiparently  arose  was  the  location  of  the  capital : 
the  convention  aroue  only  to  meet  again  in  (Quebec  on  the  lOth  of 
October,  where  the  only  important  furtherance  to  the  scheme  was 
an  eil'ort  to  embrace  the  codtish  island  of  Newfoundland  by  sending 
a  delegation  to  the  government  of  that  colony  ;  and  a  partial  resolve 
to  name  Ottawa  a.s  the  future  capital   of  the  new  Dominion   of 
Canada.     Parliament  of  the  Cuimda's  nuft  on  the  15)th  of  February, 
18ti5.     The  confederation  delegation  submitted  their   report    and 
recommendation.     It  met  with  strong  opjjosition  by  a  number  of 
tlie  members,  and,  in  fact,  some  of  the  cabinet  ministers,  but  a  reso- 
lution was  introduced  by  John  A.    Macdonald  praying  that  Her 
Majesty's  Government  would  be  pleased  to  have  a  measure  recom- 
mendeil  to  the  Imperial  Parliament  empowering  a  (;on federation  of 
these  provinces,  including  Newfoundland,  and  it  was  carried  by  5)1 
yeas   and   33  nays.     The   parliament   appointed  Macdonald,  (ialt, 
Brown  and  Carlier  to  ])roceed  to  Englan*!  and  present  the  scheme 
before  the  Home  Parliament.     Matnlonald's  sc-heme  was,'as  is  not 
generally  understood,  to  have  no  provincial   parliaments ;  he  main- 
tained that  it  was  uncalled  for  to  have  so  much  government,  and 
the  wisdom  of  his  foresight  has  by  this  time  been  forcibly  demon- 
strated, by  not  alone  the  collision  of  authority,  along  with  the  sense- 
less over  representation.     A  lot  of  IVf.  P.  P.'s,  living  upon  the  prov- 
inces by  their  eessionul  indemnities,  who  are  no  earthly  use  to  their 
constitutents,    but   a   burden    to   the   provinces.      Prof.    Goldwin 
Smith  describes  it  thus:  "For  a  population  of  five    millions,  we 
have  eight  kings,  one  central  and  seven  provincial  (the  governor 
aaid  li(!utenant  governors),  as  many  ]>arliaments  and   sixty-live  min- 
isters of  the  crown  ;  while  England  is  content  with  a  single  queen, 
a  single  parliament  and  the  njembers  of  which  are  not  paid."     Tlie 
scheme   was    pressed  upon   the  InipcMial    Parliament   with    much 
astuteness  and  force,  and  John    l>ull  put  it  in  his  pipe  and  smoked 
it,  and  resolved  to  grant  a  loan  to  build  the  Intercolonial  llailroad, 
as  the  maritime  provinces  did  not  take  to  the  scheme  as  favorably 
as  their  delegates,  us  the  ('lections  showed  that  not  one  of  the  dele- 
gate members  wns  elected.     In  the  C'anadas'  parliament  in  session 
at  Quebec  the  Hon.  George   iJrown  was   seeking  to  withdraw  from 
the  cabinet  that  he  had  become  a  nicnd)er  of   with  the  avowed  un- 
derstanding that  he  wouhl  stick  to  it  until  confederation  would  be 
a  fact.     It  is  but  fair  to  this  brilliant,  i)atriotic  man  to  say  that  he 
was  so  constituted  that  he  could  not    forego  anything  he  mapped 
out,  and,  as  the  confederation  scheme  was  getting  more  of  INIac^ 
donald's  hoops  on  it  than  Hrown's,  it  naturally  made  it  objectionable 
to  him.     During  these  years  the  American  war  had  advanced  every 


370  READY   REFERENCE   MANUAL. 

commodity  in  Canada  to  fabulous  figures,  and  all  branches  of  in- 
dustry I'cceived  a  great  impetus.  When  President  Lincoln 
was  assassinated  the  tragic  news  stood  aghast  throughout  civiliza- 
tion ;  resolutions  were  passed  througiiout  Canada  expressing 
heartfelt  sympathy  for  the  untimely  end  of  the  great  friend  of 
liberty.  On  one  of  these  occasions  the  speech  of  John  A.  Mac 
donald  was  a  most  powerfid  valuation  of  Lincoln's  worth.  The 
following  is  a  brief  extract  :  "Never  before  has  the  heart  of 
civilization  been  bo  greatly  stirred ;  monarchs,  heroes,  patriots 
have  passed  away  in  the  quietness  of  natural  death  and  upon  the 
battle  fields,  but  iu  the  cruel,  atrocious  and  treacherous  assassina- 
tion of  President  Lincoln  the  home  and  family  wherever  sjiread  of 
civilization  has  lost  an  unpretending  and  unequalled  friend,  whose 
worth  will  never  be  known  in  its  fulness  until  after  years." 
In  1866  the  legislature  of  New  Brunswick  met  under  very  excited 
circumstances  upon  the  confederation  scheme.  In  November,  1866, 
a  second  delegation  proceeded  to  England  to  hold  a  conference 
with  the  Home  Government  over  the  confederation  plan,  and  a 
meeting  was  held  December  4th  at  Westminster  Palace  ;  John  A. 
Macdonald  was  olocted  its  chairman.  It  was  largely  due  to  the 
masterly  handling  of  the  delegates,  by  forbearance,  that  Mac- 
donald kept  up  the  forging  of  the  links  in  the  confederation  of  the 
Dominion  until  it  was  consummated.  The  Hon.  Joseph  Kowe  of 
Nova  Scotia,  was  the  greatest  barrier,  but,  through  Sir 
Charles  Tupper's  forcible  rebuttal  of  his  protests,  had 
no  weight.  Upon  the  29th  day  of  March,  1867,  the  Confedera- 
tion bill  received  the  royal  assent,  and  also  the  guarantee 
of  a  loan  of  .$15,000,000,  free  of  interest,  to  construct  the  Intercolo- 
nial railroad  from  Halifax  to  Montreal.  It  did  not,  however,  em- 
brace Newfoundland,  as  it  resolved  to  have  nothing  to  do  with  the 
scheme,  and  therefore  was  not  coerced  into  it.  The  site  for  the 
Parliament  buildings  and  the  capital  was  left  to  the  governor-gen- 
eral, who  was  Lord  Monck.  The  next  act  in  the  confederation  play 
was  a  general  election,  which  was  proclaimed  throughout  the  Da- 
minion  under  the  new  constitution  and  upon  the  assembly,  by  royal 
proclamation,  of  the  first  Dominion  Parliament  of  Canada,  the 
historical  duty  devolved  upon  Lord  Monck  to  call  upon  the  man  that 
was  at  one  time  the  black,  curly-headed  lad  of  the  backwoods  of  the 
bay  of  Quinte,  to  have  the  honor  of  forming  the  first  government 
of  the  Dominion.  In  this  first  Parliament,  John  A.  Macdonald  was 
premier;  Hector  Langevin,  secretary  of  state;  Leonard  Tilley,  minis- 
ter of  customs ;  George  Cartier,  minister  of  public  works  ;  AVilliam 
Macdougall,  Peter  Mitchell,  Alexander  Campbell,  W.  P.  Howlaud 
and  A.  T.  Gait  in  other  departments,  several  of  them  have  re- 
mained along  with  Macdonald  in  the  administration  of  this  country 
in  various  ways  since.  Upon  the  accomplishment  of  confederation, 
Her  Majesty  called  John  A.  Macdonald  to  England  and  conferred 
upon  him  the  order  of  knighthood,  and  the  distinction  of  Compan- 
ion-of-the-Bath  upon  Tilley,  Tupper,  Cartier,  Gait,  Macdougall  and 
Howland.     Messrs.  Cartier  and  Gait  refused  to  accept  the  lower 


SIR  JOHN"  A.   MACDONALD.  377 

distinction,  when  Macdonald  received  the  higher,  but  the  fact  was 
and  ever  remains  that  to  the  parentage  of  confederation.  Sir  John 
A.  Macdouald  has  an  undisputed  title  ;  to  its  success  he  has  no  su- 
perior, while  many  estimable  equals.  Under  the  new  regime  Sir 
John  has  been  the  chief  ever  since,  with  one  exception,  when  de- 
throned by  the  Hon.  Alexander  Mackenzie,  who  was  premier  from 
July,  1872,  to  January,  1879, — Sir  John  being  charged  with  work- 
ing in  collusion  with  Sir  Hugh  Allan  and  one  Huntington  to  sell 
the  charter  of  building  the  Canadian  Pacific  railroad  to  them,  to 
be  controlled  by  Americans.  The  country  was  flooded  with  wild, 
groundless  calumniations  against  Sir  John,  and  in  the  frenzy  of 
these  cruel  and  foul  slanders,  he  was  defeated.  This  was  the  most 
crushing  set-back  of  his  life,  and  its  enormity  seemed  the  more  be- 
cause it  was  a  base  conspiracy  of  unscrupulous  politicians  seeking 
office  and  power.  In  this  unsavory  puddle,  it  is  well  to  say,  the 
Hon.  Edward  Blake  or  Alexander  Mackenzie  did  not  dabble,  though 
they  were  the  chief  components  of  the  Reform  administration  after- 
wards. The  warrior  had  almost  resolved  to  drop  out  of  politics 
and  retire  after  this  blow,  but  his  friends  clung  to  him  with  a  ten- 
acity that  made  any  such  an  attempt  impossible,  and  in  the  general 
election  of  the  fall  of  1878,  he  formulated  the  National  Policy,  and 
went  to  the  polls  with  this  square  issue  of  protection  to  home  in- 
dustries against  free  trade  theories,  and  swept  every  pillar  of  the 
Mackenzie  administration  out  of  power.  The  admission  of  British 
Columbia  and  the  purchase  from  the  Hudson  Bay  Company  of  Man- 
itoba and  the  Great  Northwest  Territories ;  the  rebellion  and  mur- 
der of  Scott  at  Winnipeg  ;  the  completion  of  the  Canadian  Pacific 
railroad ;  and  the  insurrection  in  the  Northwest  and  the  execution 
of  Kiel,  and  many  other  historical  events,  he  has  dealt  with  in  connec- 
tion with  the  government  of  Canada.  And  while  we  might  chron- 
icle, in  our  brief  and  unassuming  sketches,  many  other  worthy  sons 
of  Canada,  whose  handmarks  will  ever  be  recorded  with  her  history, 
we  have  selected  Sir  John  Macdonald,  because,  as  a  native  born 
Canadian  ourself,  we  know  that  the  preference  given  to  Sir  John  A. 
Macdonald  will  meet  with  an  unanimous  yea ! !  He  has  now  at- 
tained nearly  his  allotted  time,  and  has  by  that  long  period  of  patri- 
otic labor  proved  his  sincere  devotion  to  his  country  and  his  crown, 
and  while  perfection  is  not  claimed  by  himself  in  his  public  acts,  no 
one  will  deny  that  he  is  other  than  an  ofl'ering  sacrificed  to  duty  as 
to  him  seems  best  in  the  prosperity  and  development  of  the  country 
at  large.  That  his  task  'has  been,  and  remains  yet  to  be,  a  difficult 
one,  is  very  apparent.  A  mixture  of  nationalities  and  creeds,  along 
with  diversified  interests  and  situations,  is  there,  with  all  its  discord. 
The  proof  that  he  has  so  long  controlled  the  executive  of  the  coun- 
try, and  that  he  never  was  as  meritoriously  popular  as  he  is  to-day, 
is  better  evidence  of  the  encomiums  of  his  devoted  followers  than 
any  plaudits  of  a  feeble  pen. 

Sir  John  Macdonald  has  been  twice  married,  first  to  Isabella 
Clark,  in  1843,  by  whom  he  had  two  children,  one  of  which  died  in 
childhood,  and  the  other  is  living  and  practicing  law  in  Winnipeg. 


i'        1'*  *•••♦••  •'■  ■' 


378  READY   REFERENCE   MANUAL. 

His  first  wife  died  in  1857.  Ten  years  afterwards  he  again  mar- 
ried Susan  Agnos,  the  daughter  of  Hon.  T.  J.  Barnard,  a  niemljer 
of  Her  Majesty's  privy  council  of  the  Island  of  Jamaica.  In  1865, 
he  received  the  degree  of  D.  C.  L.  from  Oxford  University,  and  D. 
C.  L.  from  Trinity  College,  Toronto.  As  before  stated,  he  was 
vested  with  K.  0.  B.  by  Her  Majesty  the  Queen  and  subsequently 
the  Grand  Cross  of  the  royal  order  of  Spain.  He  was  nominated  by 
Her  Majesty,  in  1879,  us  a  privy  councillor,  and  has  received  many 
other  marks  of  the  Queen's  approbation.  It  is  said  by  good 
and  well  informed  authority  that  outside  of  Her  Majesty's  trusted 
Imperial  Ministers,  Sir  John  stands  the  highest  in  her  estimation. 
His  home  life  is  not  luxurious  by  any  means  ;  he  lives  at  Stadacona 
Hall,  near  Rideau  Hall,  the  Governor's  residence,  in  a  simple  and 
pleasant  home,  excelled  by  numerous  citizens  in  the  picturesque 
capital.  Lady  Macdonald  is  a  most  perfect  companion.  It  has 
been  said  by  himself,  as  well  as  many  of  his  most  intimate  friends, 
that  a  better  union  could  not  be  possible,  and  to  this  estimable  lady 
he  attributes  a  very  great  portion  of  his  wonderful  success  in  life. 
As  to  his  wealth  it  is  in  his  country's  love  and  admiration  of  him  ; 
a  heritage  that  will  require  no  other  devise  than  that  chronicled  in 
the  history  of  Canada. 


THE    END. 


GENERAL    INDEX 


Paor. 

AuREST  for  (Icht.  in    Unit cmI  States, 82 

Arrest  for  dclit  in  Canada, 80 

Assii^niMcnts  in   inHolvcncy  in  Ihiitctl  Sial»'S, 0 

ARsignnu'uls  in  insolvency  in  ('anada,    . .    , .    .      20 

Aineiidrnent  of   1.S8!)  to  Canadian   ('opyriLflit  Aet, \4r> 

Attachment  laws  of  iriiited  S(:itCH, 9 

Attaclinient  laws  of  Canada, 29 

Apprenticesliij)  laws, 1 73 

Amendment  of  1 889  to  Postal  Act  of  Canada, n I r» 

Hank  holidays  in  United  States, 61 

IJaiik  liolidays  in  Caiia<la, 88 

IJiojjf rapines  of  United  States  Presidents, .139 

Uioo-raphical  sketches  of  Royal  family  of  Great  Jiritain, ... .  308 

liiography  of  John  A.  iMacdonald, 371 

Co-rAUTNEHsnip  laws, 104 

Commercial  paper  in  United  States, 04 

Co>nnier(!ial  paper  in  Canada, 70 

Commercial  Travellers'  licenses  in  United  States, 90 

Commercial  Travellers'  licenses  in  Canada, ,  91 

Co))yri<ifht  rules  and  regulations  in  United  States, 138 

Copyright  rules  and  regulations  in  Canada,.. 141 

Clark's  interest  tables, 300 

Common   Can-iers, 303 

Constitution  of  the  United  States  and  amendments, 325 

Civil  debts,  arrest  for, 82 

Cost  of  Royal  family  to  Great  Uritain, . 309 

DuTiKS  on  importations  in  United  States  and  Canada, 92 

Divorce  laws, 224 

Damages  against  railroads  in  United  States, 201 

Damages  against  railroads  in  Canada, 297 

Declaration  of  Independence  in  United  States, 322 

DiiFerence  in  time  across  the  Continent, 311 

Exemption  laws  in  United  States, 31 

Kxeinption  laws  in  ('ana<bv, .  - 00 

Extract  from  Postal  Laws  and  Regulations  in  United  States,.  130 

Extract  from  Postal  Laws  and  Regulations  in  Canada, 13fi 

Extradition  Laws,  including  amendmentof  1SS9,  with  Cana<la,  174 

FisHEBY  treaties  with  Great  Britain, _  103 

Finding,  laws  of 306 

Form  of  United  States governnjcnt, 318 


380  INDEX. 

Paor. 

IfoMDAYH  in  TniU'd  State*, 87 

Holidays  in   Canaila, HH 

Inteuf.st  lawH  in  Unitt-d  States, 78 

InttTCHt  laws  in  Canada, 81 

InHurancf,  licneficiaries, 241 

Innlvoi'iKTH,  lawH  of,  generally, HOI 

Limitations,  lawH  of  in  United  StateH, 31 

Limitations,  lawn  of  in  Cana<la, GO 

LawH  of  t('l<'gra|»h  ronipanieH, 302 

[landlord  and  tenant, 109 

LawH  respecting  tiie  management  of  railroad  trains, 208 

MAKKiAdE  laws  in  United  States, 1 79 

Marriage  laws  in  Canada, 203 

Marriage  rights  in  Unite<l  Stales, 209 

Marriage  rights  in  Cana«Ia, 221 

Magna  Cliarta, 337 

Master  and  Servant, 172 

Naturalization  Laws  of  United  States, 122 

Naturalization  laws  of  Canada, 126 

Neutrality  laws  of  nations, 121 

I*AHTNKnsiiir  laws, 164 

Passports  regulations  in  I'nited  States, 313 

I'(»stal  laws  and  regulations  of  United  States, 130 

Postal  laws  and  regulations  (»f  Canada, 135 

Postal  laws  as  amended  in  Cana<la  (1889), 315 

Presidt'iits'  ]>iographie« 339 

Points  of  business  law,  in  daily  use, 306 

QuKEN  Victoria  and  her  family, 368 

Railroads,  damages  against, -  -  291 

Railroad  laws  generally, 299 

Royal  family  of  Great  Britain, .  _ 368 

Statu TK  of  Limitations  in  United  States, 31 

Statute  of  limitations  in  Canada, -  60 

Servants'  laws, 172 

Salaries  of   Privy  Council  of  Great  Britain, 370 

Salaries  of  the  United  States  government, : 320 

Salaries  of  the  United  States  Supreme  Court  Judges, 321 

Tkadk  marks  in  United  States,  - 158 

J'rade  Marks  in  Canada, —  159 

Treaty  of  Paris, 103 

Treaty  of  Ghent, - 104 

Treaty  of  1H18, _. 106 

Treaty  of  Reciprocity, - 109 

Treaty  of   Washington, — -  113 


T 
T 
T 
T 

nx 


INDEX.  881 

I'AOR 

Telegraph  Companios,  message  laws, 302 

TenaiitH,  law  of 1(J9 

Ufluiiv  and   itit«!rest  lawH,      . . 78 

United  States,  outline  of  its  form  of  goveriinienl, 318 

Valub  of  foreign  coins  in  United  States, 313 

"WiM,H  in  United  States, 247 

W IIIh  in  ('unada, 286 

"Woman's  SuiTragt'  in  United  States, 238 

Woman's  Suffrage  elsewhere, 2.'»9 


INDEX    TO    BIOGRAPHIES. 


Adams,  John, 339 

Adams,  John  (^uiney, 343 

Arthur,  Chester  A., _ • 363 

Buchanan,  James, 350 

Cleveland,  Grover, 364 

Fillmore,  Willard, 349 

Grant,  Ulysses  S., 368 

Gartield,  James  A.,    . , 362 

Harrison,  Wiilianj  Henry, 347 

Harrison,  Hen  jamin, 366 

Hayes,  Rutherford  Jl., 361 

Jefferson,  Thomas, 340 

Jackson,  Andrew, - 344 

Johnson,  Andrew, 356 

Lincoln,  Abraham, 352 

JVIonroe,  James, - 342 

Madison,  James, .  - 341 

Macdonald,  Sir  John  A., 371 

Polk,  James  Knox, _ 348 

Pierce,  Franklin, 349 

Queen  Victoria  and  her  family, 368 

Tyler,  John, 348 

Taylor,  Zachary, 348 

Van  Buren,  JMartin, . 346 

Washington,  (icorge, ...    339 


We  recommend  to  the  readers  of  tluH  book  the  following  legal 
gentlemen  in  the  diftcrent  Stites  and  Territories  and  the  rrovincea 
of  Canada,  if  in  need  of  legal  advice : 

ALABAMA.— (Ijm).  M.  S«'lli'rH.  Kh(i.,  Attdi-iu-y  al  Liw.  MonlKoMifiy. 

AliKANSAS.— W.  T.  Hill.  V^f.,  Attnim-yat  [Jiw.  [Jtllr  l{<)<  k. 

(  AMhOlv'NIA.— n<»M.  ("liiiH.  H.  DunsiiKtrt'.  AtloiiH'V  nl  I,.i\\.  U>s  Aii- 
p'lcs. 

I) AKOT  \."Mi'ssrs.  (',im|ilM'll  iV  Hanu's,  Attorneys  at  I,ji\v,  Vanktoii. 

I"i-()IMI»A.  linn.  .1.  n.  WliiHi.M.  .Fillip-  ..f  IVol.alc.  TallaluiHsir;  VV. 
M.  DrwImiNt.  V.si\.,  Altoriioy  at  Law,  St.  AuKHsliiic. 

(iK()l{(ilA.  — 1{.  \\.  Tii|>|M'.  Ksi|..  Attoiiicv  at  Liw.  |Sl  Mamutd' St.. 
All.iiita. 

I LMNOIH.— ({»•«>.  T.  I'ap',  Kscj.,  Attonn-y  at  Liw.  I'.'T  .Ifir»'i-soii  St.. 
I'foria;  K.  I).  MaUliciiy.  F,s(|..  .VUonify  at  Law.  S|>iinKti«'lil. 

IOWA. — llfni.  William  Miismmi.  of  tlu'  Di.slrict  t'<imt,  Dt'sinoiiics. 

INDIANA.— 11(111.  .Iiio.  ?i.  Sullivan.  J  in  !>,'»' of  Proliatc,  liulianapoliH. 

KANSAS.— Hon.  A.  H.  giiiiiton.  .IihIk*' of  Proluitr,  ToiMika. 

LOriSIANA.— Hon.  II.  K.  Cl.nmiins.  New  Oilcans. 

MASSAC 'HUSKTTS.—K<lwanl  L.  Kand,  Ks.|..  Aftornry  at  Law,  27 
Slat«>S(.,  hoston;    Messrs.  Hopkins  iV  Maeoii,  Solicitors  at  liji'v,  Worcester. 

MARYLAND.— Hon.  KolicilT.  Manks,  Ue-islrarof  Probate,  naltiniore; 
Milton  W.  i\iiilown,  Ksq.,  Attorney  at  Uiw.  li  Last  l-exiiiKlon  Av.,  Dalli- 
more. 

MAINK. — Melvin  K.  Hohv.-iy,  Rsq.,  CVmn.sellor  at  l>aw,  Augusta;  lion. 
HowartI  Owen,  Hcfj^istrur  of  Prohute,  AuKustu. 

MISSOUUL— Hon.  .Jno.  H.  Derricks.  .lelferson  City. 

MK'HKiAN.— Messrs.  Taft  and  Sniitli,  Attorneys  at  l«iw,  Pontiac; 
Hon.  J.  A.  Siiiitli,  Judge  of  Probate,  Ijunsing. 

NEW  JERSEY.— Messrs.  Axtell  and  Quayle,  Attomoysat  Law,  Morris- 
town. 

NEW  YORK.— Messrs.  Collins  and  Parsons,  Counsellors  at  Liw.  ('.!> 
Wall  St.,  New  York;  W.  L.  Pattison,  Es(|.,  Counsellor  at  Liw,  Plattsl.uinli. 

NOUTHCAKOLINA.- Hon.  Cliailes  Diipcliinel.  KaleiKh. 

NOVA  SCOTL\,  CANADA— Me.s.sr..;.  (iraliani.  Horden  and  Parker.  I?ar- 
risters  at  l^aw.  Halifax. 

NEW  HliUNSWlCK,  CANADA.— Messrs.  (Jief,'..ry  and  Gregory,  Par- 
rislers,  etc.,  Frederic.kton. 

ONTAKK.t,  CANADA.— Messrs.  McCarthy,  Hoskiu.  Osier  and  Creel- 
man,  Toronto  ;  Messrs.  Crreene  «&  Greene,  lOJ  Ailelaide  Si.,  I'last  Toronto. 

OHIO.— Hon.  Charles  Saflin,  Ju(l-;e  of  Probate.  Columbus;  A.  J.  Wil- 
liams. Es(|.,  Counsellor  at  Law,  11  Mhukstone  Hlg..  (!leveland. 

PENNSYLVANIA— Hon.  T.  Elliott  Patterson,  Att<»rney  at  Law,  22!) 
South  fithSt.,  Phihuh'li)hia. 

QITEHEC. — Messrs.  Ii!icost4»,  Bisailhtn,  Brosseaii  and  Lajoie,  Advocates 
at  IjJIw,  Montreal,  Canada. 

KIIODE  ISLAND.— Hon.  E.  S.  Rurdick,  N.'wport. 


SOUTH  CAROLINA.-Hon.    John   H.   Pearson.  Judge  of    Probate. 
Columbia.  Attnmov   at  l*iw,   Nashville; 

WASHINGTON  TERKITOUY.-H.  W.  Lueders.  Esq. ,  Attorney  atl.vw. 

''""VTOMONT.-J.  W.  Russell,  Es.,. ,  Attorney  at  Law,  B..rHn«ton 

WEST  VIRGINIA.-Hon.  Forrest  W.  Brown ,  Attovn.y  at  Law,  (  luu-les- 

ton.  „    ,. 

WISCONSIN.-Hon.  J.  H.  Carpenter.  Ma.hson. 


